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| {{short description|Marriage of persons of the same sex or gender |
{{short description|Marriage of persons of the same sex or gender}} | ||
| {{redirect2|Marriage equality|gay marriage|other uses|marriage equality (disambiguation)|and|gay marriage (disambiguation)}} | {{redirect2|Marriage equality|gay marriage|other uses|marriage equality (disambiguation)|and|gay marriage (disambiguation)}} | ||
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| {{Use dmy dates|date=March 2019}} | {{Use dmy dates|date=March 2019}} | ||
| ] shortly after the legalization of ]]] | |||
| {{Same-sex unions}} | {{Same-sex unions}} | ||
| {{ |
{{LGBTQ sidebar|rights}} | ||
| <!--- *** Please consider achieving consensus on the talk (discussion) page first before editing the introduction. *** ---> | <!--- *** Please consider achieving consensus on the talk (discussion) page first before editing the introduction. *** --->{{Discrimination sidebar}} | ||
| '''Same-sex marriage''', also known as '''gay marriage''' or '''homosexual marriage''', is the ] of two people of the same ] or ]. There are records of same-sex marriage dating back to the ]. In the modern era, marriage equality for same-sex couples was first legally acknowledged in the ] on ]. | |||
| '''Same-sex marriage''', also known as '''gay marriage''', is the ] of two people of the same legal ]. {{As of|2025|post=,}} marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.5<!--counting 1,532.722 M, including Nepal and Thailand but not Israel, 2023 UN data, out of 7,795.311M world (deducting 250M for systemic over-count in China) --> billion people (20%<!--19.66% including Nepal and Thailand--> of the world's population). The most recent jurisdiction to legalize same-sex marriage is ]. ] is set to begin performing same-sex marriages in January 2025. | |||
| {{As of|2021 |post=,}} same-sex marriage is legally performed and recognized in 29 countries (nationwide or in some jurisdictions) with the most recent being ] (2020). ] held a referendum on 26 September 2021 that returned a 64% yes-vote, which will allow same-sex couples to marry starting 1 July 2022. | |||
| Same-sex marriage is legally recognized in a large majority of the world's ]; notable exceptions are ], ], ] and the ]. ] are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as ] and ], restrict advocacy for same-sex marriage.<ref>{{Cite journal |last=VERPOEST |first=LIEN |date=2017 |title=The End of Rhetorics: LGBT policies in Russia and the European Union |url=https://www.jstor.org/stable/26531664 |journal=Studia Diplomatica |volume=68 |issue=4 |pages=3–20 |jstor=26531664 |issn=0770-2965}}</ref> A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated ], which is generally interpreted as prohibiting marriage between same-sex couples.{{citation needed|date=June 2024}} In six of the former and most of the latter, homosexuality itself ]. | |||
| There are records of marriage between men dating back to the ].<ref name="WilliamsRoman2">Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, p. 280, p. 284.</ref> ]<ref name="auto">{{Cite news|last1=Padnani|first1=Amisha|author1-link=Amy Padnani|last2=Fang|first2=Celina|date=June 26, 2015|title=Same-Sex Marriage: Landmark Decisions and Precedents|language=en-US|work=The New York Times|url=https://www.nytimes.com/interactive/2015/06/26/us/samesex-marriage-landmarks.html|access-date=|issn=}}</ref><ref name="auto1">{{Cite web|last=Baume|first=Matt|date=March 1, 2019|title=Meet the Gay Men Whose 1971 Marriage Was Finally Recognized|url=https://www.advocate.com/people/2019/3/01/meet-gay-men-whose-1971-marriage-was-finally-recognized|access-date=|website=The Advocate|language=en}}</ref> are the first same sex couple in modern recorded history<ref name="auto2">] Archive (September 12, 2017). {{Cite web|url=https://archive.storycorps.org/interviews/dda002648/|title=Michael McConnell, Jack Baker, and Lisa Vecoli}} | |||
| The application of ] equally to same-sex and opposite-sex couples (called '''marriage equality''') has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that same-sex marriage is allowed by existing marriage law,<ref>{{cite web|url=http://www.koco.com/news/oklahomanews/around-oklahoma/samesex-oklahoma-couple-marries-legally-under-tribal-law/-/12530084/22553184/-/101ihp0z/-/index.html |title=Same-sex Oklahoma couple marries legally under tribal law |publisher=KOCO |date=26 September 2013 |access-date=22 October 2013}}</ref> and by direct popular vote (via ]s and ]s). The recognition of same-sex marriage is considered to be a ] and a ] as well as a political, social, and religious issue.<ref>Multiple sources: | |||
| * Michael McConnell (75) and husband Jack Baker (75) talk with friend Lisa Vecoli (55) about having the first same-sex marriage legally recognized by a U.S. civil government in 1971, why they chose to get married, and what the response to their marriage was like. | |||
| *{{Cite news|title=Inter-American Human Rights Court backs same-sex marriage|journal=BBC News|url=https://www.bbc.com/news/world-latin-america-42633891|date=10 January 2018|access-date=6 April 2018}} | |||
| * JB describes the decades-long (46-year) process from the denial of their marriage license in 1971 until a second request that same year in ], ], was "declared to be in all respects valid" by Order of Gregory J. Anderson, Judge of District Court.</ref> known to obtain a ],<ref name="National Archives">Newsletter, "Hidden Treasures from the Stacks", ''The National Archives at Kansas City'', p. 6 (September 2013). | |||
| *{{cite web|title=Obergefell v. Hodges, 576 U.S. ___ (2015)|url=https://supreme.justia.com/cases/federal/us/576/14-556/opinion3.html|publisher=]|date=26 June 2015|access-date=6 April 2018}} | |||
| * </ref> have their marriage solemnized, which occurred on September 3, 1971, in ],<ref name="3Sept1971">Source: Blue Earth County | |||
| *{{cite news|last=Smith|first=Susan K.|title=Marriage a Civil Right, not Sacred Rite|url=http://newsweek.washingtonpost.com/onfaith/panelists/susan_k_smith/2009/07/marriage_a_civil_right_not_sacred_rite.html|access-date=20 September 2012|newspaper=]|date=30 July 2009|archive-date=3 October 2012|archive-url=https://web.archive.org/web/20121003083717/http://newsweek.washingtonpost.com/onfaith/panelists/susan_k_smith/2009/07/marriage_a_civil_right_not_sacred_rite.html|url-status=dead}} | |||
| * Certificate 434960: | |||
| *{{cite web|title=Decision in Perry v. Schwarzenegger|url=https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|access-date=6 August 2010|archive-url=https://web.archive.org/web/20130316191210/https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf|archive-date=16 March 2013|url-status=dead}}</ref> The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are ] groups. ] continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing democracies. | |||
| :* Applicants: James Michael McConnell and Pat Lyn McConnell | |||
| :* Date of Marriage: September 3, 1971 | |||
| * Certified Copy: </ref> and have it legally recognized by any form of government.<ref name=ruling>"The September 3, 1971 marriage of James Michael McConnell and Pat Lyn McConnell, a/k/a Richard John Baker, has never been dissolved or annulled by judicial decree and no grounds currently exist on which to invalidate the marriage." | |||
| * Sources: CONCLUSIONS OF LAW by Assistant Chief Judge Gregory Anderson, Fifth Judicial District, (page 4); | |||
| * Copy: , File Number 07-CV-16-4559, "Findings of Fact, Conclusions of Law and Order for Partial Summary Judgment" from Blue Earth County District Court in re James Michael McConnell et al. v. Blue Earth County et al. (September 18, 2018); | |||
| * from ''U of M Libraries''; | |||
| * McConnell Files, "America’s First Gay Marriage" (binder #4), Tretter Collection in GLBT Studies, ''U of M Libraries''.</ref><ref name="epilogue">Michael McConnell, with Jack Baker, as told to Gail Langer Karwoski, " {{Webarchive|url=https://web.archive.org/web/20150826235010/https://www.upress.umn.edu/book-division/books/the-wedding-heard-around-the-world |date=August 26, 2015 }}". University of Minnesota Press (2016). Reprint, "With A New Epilogue" (2020).</ref> The first law providing for marriage equality between same-sex and opposite-sex couples was ] in 2000 and took effect on 1 April 2001.<ref name="bloomberg-2014-12-04">{{Cite web |last=Winter |first=Caroline |date=December 4, 2014 |title=In 14 years, same-sex marriage has spread round the world |url=https://www.bloomberg.com/news/articles/2014-12-04/gay-marriage-same-sex-partners-can-wed-in-many-countries |url-status=live |archive-url=https://web.archive.org/web/20220113164339/https://www.bloomberg.com/news/articles/2014-12-04/gay-marriage-same-sex-partners-can-wed-in-many-countries |archive-date=13 January 2022 |access-date=2022-02-20 |publisher=Bloomberg}}</ref> The application of ] equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through ]s and ]s.<ref>{{Cite web |date=26 September 2013 |title=Same-sex Oklahoma couple marries legally under tribal law |url=http://www.koco.com/news/oklahomanews/around-oklahoma/samesex-oklahoma-couple-marries-legally-under-tribal-law/-/12530084/22553184/-/101ihp0z/-/index.html |url-status=live |archive-url=https://web.archive.org/web/20131022022830/http://www.koco.com/news/oklahomanews/around-oklahoma/samesex-oklahoma-couple-marries-legally-under-tribal-law/-/12530084/22553184/-/101ihp0z/-/index.html |archive-date=22 October 2013 |access-date=22 October 2013 |publisher=KOCO}}</ref><ref>{{Cite web |date=19 June 2022 |title=Clela Rorex, former Boulder County Clerk who issued first same-sex marriage license in 1975 dies at 78 |url=https://www.coloradodaily.com/2022/06/19/former-boulder-county-clerk-who-issued-first-same-sex-marriage-license-in-1975-dies-at-78/}}</ref> The most prominent supporters of same-sex marriage are the world's major medical and ],<ref name="science" /><ref name="amici" /><ref name="cpa2006" /> along with ] and ] organizations,<ref name="bbc" /> while its most prominent opponents are ] groups.<ref name="religion" /> ] continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries. | |||
| Scientific studies show that the financial, psychological, and physical well-being of gay people |
Scientific studies show that the financial, psychological, and physical well-being of gay people is enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals.<ref>Molly Ball, 2024 May 13, ''Wall Street Journal'', </ref> Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals.<ref>Multiple sources: | ||
| *{{ |
*{{Cite web |publisher=] |year=2004 |title=Resolution on Sexual Orientation and Marriage |url=http://www.apa.org/about/governance/council/policy/gay-marriage.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110511190536/http://www.apa.org/about/governance/council/policy/gay-marriage.pdf |archive-date=11 May 2011 |access-date=10 November 2010}} | ||
| *{{cite web|url=http:// |
*{{cite web|url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)|access-date=5 November 2010|archive-date=13 April 2015|archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|url-status=live}} | ||
| *{{cite web|title=Marriage of Same-Sex Couples – 2006 Position Statement |url=http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|publisher=]|access-date=28 September 2012|url-status=dead|archive-url=https://web.archive.org/web/20120707191052/http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|archive-date=7 July 2012}} | |||
| *{{cite web|url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf|title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)|access-date=5 November 2010}} | |||
| *{{Cite journal|vauthors=Pawelski JG, Perrin EC, Foy JM |display-authors=etal |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children|journal=]|volume=118|issue=1|pages=349–64|date=July 2006|pmid=16818585|doi=10.1542/peds.2006-1279|s2cid=219194821 |doi-access= |issn=0031-4005}} | |||
| *{{cite web|title=Marriage of Same-Sex Couples – 2006 Position Statement|url=http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|publisher=]|access-date=28 September 2012|url-status=dead|archive-url=https://web.archive.org/web/20120707191052/http://www.cpa.ca/cpasite/userfiles/Documents/Practice_Page/Marriage_SameSex_Couples_PositionStatement.pdf|archive-date=7 July 2012}} | |||
| *{{Cite journal |url=http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=Pediatrics |volume=118 |issue=1 |pages=349–364 |access-date=7 July 2017 |doi=10.1542/peds.2006-1279 |pmid=16818585 |year=2006 |last1=Pawelski |first1=J. G. |last2=Perrin |first2=E. C. |last3=Foy |first3=J. M. |last4=Allen |first4=C. E. |last5=Crawford |first5=J. E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J. D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J. L. |last12=Vickers |first12=D. L. |s2cid=219194821 |doi-access= |archive-date=1 May 2011 |archive-url=https://web.archive.org/web/20110501125053/http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |url-status=live }}</ref><ref>{{Cite web |title=Brief of Amici Curiae American Anthropological Association et al., supporting plaintiffs-appellees and urging affirmance – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf |url-status=live |archive-url=https://web.archive.org/web/20101226182234/http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf |archive-date=26 December 2010 |access-date=5 November 2010}}</ref><ref name="aaa" /> Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights.<ref>Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy — Page 13, Wallace Swan – 2004</ref> Opposition is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by ], which show that homosexuality is a natural and normal variation in human sexuality, that ] is not a choice, and that children of same-sex couples fare just as well as the children of opposite-sex couples.<ref name="science">Multiple sources: | |||
| *{{Cite journal|vauthors=Pawelski JG, Perrin EC, Foy JM |display-authors=etal |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children|journal=]|volume=118|issue=1|pages=349–64|date=July 2006|pmid=16818585|doi=10.1542/peds.2006-1279|doi-access=free}} | |||
| *{{Cite web |last=Coghlan |first=Andy |date=16 June 2008 |title=Gay brains structured like those of the opposite sex |url=https://www.newscientist.com/article/dn14146-gay-brains-structured-like-those-of-the-opposite-sex |url-status=live |archive-url=https://web.archive.org/web/20190429012045/https://www.newscientist.com/article/dn14146-gay-brains-structured-like-those-of-the-opposite-sex/ |archive-date=29 April 2019 |access-date=5 April 2018 |website=]}} | |||
| *{{Cite journal|url=http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |title= The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children|journal=Pediatrics |volume=118 |issue=1 |pages=349–364 |access-date=7 July 2017|doi=10.1542/peds.2006-1279 |pmid=16818585 |year=2006 |last1=Pawelski |first1=J. G. |last2=Perrin |first2=E. C. |last3=Foy |first3=J. M. |last4=Allen |first4=C. E. |last5=Crawford |first5=J. E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J. D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J. L. |last12=Vickers |first12=D. L. |doi-access=free }}</ref> Social science research indicates that the exclusion of homosexuals from marriage stigmatizes and invites public discrimination against them, with research also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals.<ref>{{cite web|url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus39.pdf|title=Brief of Amici Curiae American Anthropological Association et al., supporting plaintiffs-appellees and urging affirmance – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker)|access-date=5 November 2010}}</ref><ref name="aaa"/> Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights.<ref>Handbook of Gay, Lesbian, Bisexual, and Transgender Administration and Policy — Page 13, Wallace Swan – 2004</ref> Opposition to same-sex marriage is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples.<ref name="thoughtco">{{cite web | url=https://www.thoughtco.com/moral-and-religious-arguments-250095 | title=Common Arguments Against Gay Marriage | date=16 July 2017 | access-date=26 September 2017 | author=Cline, Austin}}</ref> These claims are refuted by ], which show that homosexuality is a natural and normal variation in human sexuality, and that ] is not a choice. Many studies have shown that children of same-sex couples fare just as well as the children of opposite-sex couples; some studies have shown benefits to being raised by same-sex couples.<ref name="science">Multiple sources: | |||
| *{{cite book|first1=Mary Ann |last1=Lamanna |first2=Agnes |last2=Riedmann |first3=Susan D. |last3=Stewart |title=Marriages, Families, and Relationships: Making Choices in a Diverse Society |publisher=] |isbn=978-1305176898 |year=2014 |page=82 |access-date=11 February 2016 |url=https://books.google.com/books?id=fofaAgAAQBAJ&pg=PA82 |quote=he APA says that sexual orientation is not a choice . (], 2010).|archive-date=30 November 2016|archive-url=https://web.archive.org/web/20161130141623/https://books.google.com/books?id=fofaAgAAQBAJ&pg=PA82|url-status=live}} | |||
| *{{cite web|first=Andy|last=Coghlan|url=https://www.newscientist.com/article/dn14146-gay-brains-structured-like-those-of-the-opposite-sex|title=Gay brains structured like those of the opposite sex|work=]|date=16 June 2008|access-date=5 April 2018}} | |||
| *{{cite journal |url=http://pediatrics.aappublications.org/content/118/1/349.full |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=] |year=2006 |doi=10.1542/peds.2006-1279 |access-date=2 November 2013 |last1=Pawelski |first1=J. G. |last2=Perrin |first2=E. C. |last3=Foy |first3=J. M. |last4=Allen |first4=C. E. |last5=Crawford |first5=J. E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J. D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J. L. |last12=Vickers |first12=D. L. |volume=118 |issue=1 |pages=349–364 |pmid=16818585 |s2cid=219194821 |doi-access=|archive-date=29 April 2019|archive-url=https://web.archive.org/web/20190429011707/https://pediatrics.aappublications.org/content/118/1/349.full|url-status=live}} | |||
| *{{cite web|url=https://www.americananthro.org/ConnectWithAAA/Content.aspx?ItemNumber=2602|title=Statement on Marriage and the Family|publisher=]|access-date=9 June 2015|archive-url=https://web.archive.org/web/20191228200229/https://www.americananthro.org/ConnectWithAAA/Content.aspx?ItemNumber=2602|archive-date=28 December 2019|url-status=dead}} | |||
| *{{cite web|author1=] |author2=] |author3=] |author4=] |author5=] |author6=] |author7=] |author8=] |display-authors=etal |title=Brief of as ''Amici Curiae'' in Support of Petitioners |website=] |url=https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf |access-date=5 April 2018|archive-url=https://web.archive.org/web/20190412074914/https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf|archive-date=12 April 2019|url-status=dead}} | |||
| *{{cite book|author1=Mary Ann Lamanna|first2=Agnes|last2=Riedmann|author3=Susan D Stewart|title=Marriages, Families, and Relationships: Making Choices in a Diverse Society|publisher=]|isbn=978-1305176898|year=2014|page=82|access-date=11 February 2016|url=https://books.google.com/books?id=fofaAgAAQBAJ&pg=PA82|quote=he APA says that sexual orientation is not a choice . (], 2010).}} | |||
| *{{cite news|first=Lindsey|last=Bever|url=https://www.washingtonpost.com/news/morning-mix/wp/2014/07/07/children-of-same-sex-couples-are-happier-and-healthier-than-peers-research-shows|title=Children of same-sex couples are happier and healthier than peers, research shows|newspaper=]|date=7 July 2014|access-date=12 December 2018|archive-date=4 May 2019|archive-url=https://web.archive.org/web/20190504054558/https://www.washingtonpost.com/news/morning-mix/wp/2014/07/07/children-of-same-sex-couples-are-happier-and-healthier-than-peers-research-shows/|url-status=live}} | |||
| *{{cite journal|url=http://pediatrics.aappublications.org/content/118/1/349.full|title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children|journal=]|year=2006|doi=10.1542/peds.2006-1279|access-date=2 November 2013|last1=Pawelski|first1=J. G.|last2=Perrin|first2=E. C.|last3=Foy|first3=J. M.|last4=Allen|first4=C. E.|last5=Crawford|first5=J. E.|last6=Del Monte|first6=M.|last7=Kaufman|first7=M.|last8=Klein|first8=J. D.|last9=Smith|first9=K.|last10=Springer|first10=S.|last11=Tanner|first11=J. L.|last12=Vickers|first12=D. L.|volume=118|issue=1|pages=349–364|pmid=16818585|doi-access=free}} | |||
| *{{cite journal |url=https://pediatrics.aappublications.org/content/118/1/349.full |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |last1=Pawelski |first1=James G. |last2=Perrin |first2=Ellen C. |last3=Foy |first3=Jane M. |last4=Allen |first4=Carole E. |last5=Crawford |first5=James E. |last6=Del Monte |first6=Mark |last7=Kaufman |first7=Miriam |last8=Klein |first8=Jonathan D. |last9=Smith |first9=Karen |last10=Springer |first10=Sarah |last11=Tanner |first11=J. Lane |last12=Vickers |first12=Dennis L. |quote=In fact, growing up with parents who are lesbian or gay may confer some advantages to children. |date=July 2006 |access-date=16 June 2019 |journal=] |publisher=] |volume=118 |issue=1 |pages=349–64 |pmid=16818585 |doi=10.1542/peds.2006-1279 |s2cid=219194821 |doi-access= |archive-date=1 May 2011 |archive-url=https://web.archive.org/web/20110501125053/http://pediatrics.aappublications.org/cgi/content/full/118/1/349 |url-status=live }}</ref> | |||
| *{{cite web|author=], ], ], ], ], ], ], ]|display-authors=etal|url=https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf|title=Brief of as ''Amici Curiae'' in Support of Petitioners|website=]|access-date=5 April 2018|archive-url=https://web.archive.org/web/20190412074914/https://www.supremecourt.gov/ObergefellHodges/AmicusBriefs/14-556_American_Psychological_Association.pdf|archive-date=12 April 2019|url-status=dead}} | |||
| *{{cite news|first=Annie|last=Davis|url=https://www.theguardian.com/australia-news/2017/oct/23/children-raised-by-same-sex-parents-do-as-well-as-their-peers-study-shows|title=Children raised by same-sex parents do as well as their peers, study shows|work=]|date=22 October 2017|access-date=28 March 2018}} | |||
| *{{cite news|first=Lindsey|last=Bever|url=https://www.washingtonpost.com/news/morning-mix/wp/2014/07/07/children-of-same-sex-couples-are-happier-and-healthier-than-peers-research-shows|title=Children of same-sex couples are happier and healthier than peers, research shows|work=]|date=7 July 2014|access-date=12 December 2018}} | |||
| *{{cite web|url=https://www.aamft.org/Consumer_Updates/Same-sex_Parents_and_Their_Children.aspx|title=Same-sex Parents and Their Children|access-date=16 June 2019|publisher=]|quote=Most research studies show that children with two moms or two dads fare just as well as children with heterosexual parents... Where research differences have been found, they have sometimes favored same-sex parents.|archive-url=https://web.archive.org/web/20190616203540/https://www.aamft.org/Consumer_Updates/Same-sex_Parents_and_Their_Children.aspx|archive-date=16 June 2019|url-status=dead}} | |||
| *{{cite web |url=https://www.mother.ly/news/lesbian-parents-impact-kids-mental-health?rebelltitem=1#rebelltitem1 |title=Major long-term study:Kids with lesbian parents grow up to be happy adults |last=Marcoux |first=Heather |date=23 July 2018 |access-date=16 June 2019 |quote=The researchers note that the kids in same-sex homes actually reported fewer difficulties than those born to heterosexual couples. }}{{Dead link|date=February 2020 |bot=InternetArchiveBot |fix-attempted=yes }} | |||
| *{{cite journal |url=https://pediatrics.aappublications.org/content/118/1/349.full |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |last1=Pawelski |first1=James G. |last2=Perrin |first2=Ellen C. |last3=Foy |first3=Jane M. |last4=Allen |first4=Carole E. |last5=Crawford |first5=James E. |last6=Del Monte |first6=Mark |last7=Kaufman |first7=Miriam |last8=Klein |first8=Jonathan D. |last9=Smith |first9=Karen |last10=Springer |first10=Sarah |last11=Tanner |first11=J. Lane |last12=Vickers |first12=Dennis L. |quote=In fact, growing up with parents who are lesbian or gay may confer some advantages to children. |date=July 2006 |access-date=16 June 2019 |journal=] |publisher=] |volume=118 |issue=1 |pages=349–64 |pmid=16818585 |doi=10.1542/peds.2006-1279 |doi-access=free }}</ref> | |||
| {{TOC limit|3}} | {{TOC limit|3}} | ||
| ==Terminology== | ==Terminology== | ||
| ===Alternative terms=== | ===Alternative terms=== | ||
| ], United States on 11 November 2017]] | |||
| Some proponents of the legal recognition of same-sex marriage—such as ] (founded in 1998), ] (founded in 2003), and ]—have long used the terms ''marriage equality'' and ''equal marriage'' to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. Opponents of same-sex marriage, by contrast, characterized gay couples as seeking "]".<ref>{{cite web|url=http://www.gardenstateequality.org/issues/marriageequality/|title=Marriage Equality|publisher=Garden State Equality|access-date=24 July 2012}}</ref><ref>{{cite web|url=http://www.freedomtomarry.org/pages/marriage-101#faq3|archive-url=https://web.archive.org/web/20100216021129/http://www.freedomtomarry.org/pages/marriage-101#faq3|url-status=dead|archive-date=16 February 2010|title=Marriage 101|publisher=]|access-date=28 September 2012}}</ref><ref name="Pratt">{{cite news|url=http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:AWNB:AENN&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=13F21B414EDA8168&svc_dat=InfoWeb:aggregated5&req_dat=0FB3382EE6AD1E46|title=Albany area real estate and the Marriage Equality Act|date=29 May 2012|work=Albany Examiner|access-date=25 December 2012|author=Pratt, Patricia|quote=On July 24, 2011 the Marriage Equality Act became a law in New York State forever changing the state's legal view of what a married couple is.}}</ref><ref>{{cite news|title=Vote on Illinois marriage equality bill coming in January: sponsors|url=http://chicagophoenix.com/2012/12/13/illinois-marriage-equality-vote-january|access-date=23 December 2012|newspaper=Chicago Phoenix|date=13 December 2012}}</ref><ref>{{cite web|title=Commission endorses marriage and adoption equality|url=http://www.hrc.co.nz/human-rights-environment/sexual-orientation-and-gender-identity/commission-endorses-marriage-and-adoption-equality|publisher=Human Right Commission New Zealand|access-date=23 December 2012|url-status=dead|archive-url=https://web.archive.org/web/20121202132031/http://www.hrc.co.nz/human-rights-environment/sexual-orientation-and-gender-identity/commission-endorses-marriage-and-adoption-equality|archive-date=2 December 2012}}</ref><ref>{{cite news|last=Mulholland|first=Helene|title=Ed Miliband calls for gay marriage equality|url=https://www.theguardian.com/politics/2012/sep/27/ed-miliband-gay-wedding-equality|access-date=23 December 2012|newspaper=The Guardian|location=London, UK|date=27 September 2012}}</ref><ref name="Ring">{{cite news|url=http://www.advocate.com/politics/marriage-equality/2012/12/20/newt-gingrich-accepts-marriage-equality-inevitable|title=Newt Gingrich: Marriage Equality Inevitable, OK|author=Ring, Trudy|work=The Advocate|location=Los Angeles|date=20 December 2012|quote=He noted to HuffPo that he not only has a lesbian half-sister, LGBT rights activist Candace Gingrich, but has gay friends who've gotten married in Iowa, where their unions are legal. Public opinion has shifted in favor of marriage equality, he said, and the Republican Party could end up on the wrong side of history if it continues to go against the tide.}}</ref> | |||
| Some proponents of the legal recognition of same-sex marriage—such as ] (founded in 1998), ] (founded in 2003), ], and ] - used the terms ''marriage equality'' and ''equal marriage'' to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage.<ref>{{Cite web |title=Marriage Equality |url=http://www.gardenstateequality.org/issues/marriageequality/ |url-status=live |archive-url=https://web.archive.org/web/20141018065055/http://www.gardenstateequality.org/issues/marriageequality/ |archive-date=18 October 2014 |access-date=24 July 2012 |publisher=Garden State Equality}}</ref><ref>{{Cite web |title=Marriage 101 |url=http://www.freedomtomarry.org/pages/marriage-101#faq3 |url-status=dead |archive-url=https://web.archive.org/web/20100216021129/http://www.freedomtomarry.org/pages/marriage-101#faq3 |archive-date=16 February 2010 |access-date=28 September 2012 |publisher=]}}</ref><ref name="Pratt">{{Cite news |last=Pratt, Patricia |date=29 May 2012 |title=Albany area real estate and the Marriage Equality Act |work=Albany Examiner |url=http://docs.newsbank.com/openurl?ctx_ver=z39.88-2004&rft_id=info:sid/iw.newsbank.com:AWNB:AENN&rft_val_format=info:ofi/fmt:kev:mtx:ctx&rft_dat=13F21B414EDA8168&svc_dat=InfoWeb:aggregated5&req_dat=0FB3382EE6AD1E46 |access-date=25 December 2012 |quote=On July 24, 2011 the Marriage Equality Act became a law in New York State forever changing the state's legal view of what a married couple is.}}</ref><ref>{{Cite news |date=13 December 2012 |title=Vote on Illinois marriage equality bill coming in January: sponsors |work=Chicago Phoenix |url=http://chicagophoenix.com/2012/12/13/illinois-marriage-equality-vote-january |url-status=live |access-date=23 December 2012 |archive-url=https://web.archive.org/web/20121226111510/http://chicagophoenix.com/2012/12/13/illinois-marriage-equality-vote-january/ |archive-date=26 December 2012}}</ref><ref>{{Cite news |last=Mulholland |first=Helene |date=27 September 2012 |title=Ed Miliband calls for gay marriage equality |work=The Guardian |location=London, UK |url=https://www.theguardian.com/politics/2012/sep/27/ed-miliband-gay-wedding-equality |url-status=live |access-date=23 December 2012 |archive-url=https://web.archive.org/web/20130928234116/http://www.theguardian.com/politics/2012/sep/27/ed-miliband-gay-wedding-equality |archive-date=28 September 2013}}</ref><ref name="Ring">{{Cite news |last=Ring, Trudy |date=20 December 2012 |title=Newt Gingrich: Marriage Equality Inevitable, OK |work=The Advocate |location=Los Angeles |url=http://www.advocate.com/politics/marriage-equality/2012/12/20/newt-gingrich-accepts-marriage-equality-inevitable |url-status=live |access-date=25 December 2012 |archive-url=https://web.archive.org/web/20121223062417/http://www.advocate.com/politics/marriage-equality/2012/12/20/newt-gingrich-accepts-marriage-equality-inevitable |archive-date=23 December 2012 |quote=He noted to HuffPo that he not only has a lesbian half-sister, LGBT rights activist ], but has gay friends who've gotten married in Iowa, where their unions are legal. Public opinion has shifted in favor of marriage equality, he said, and the Republican Party could end up on the wrong side of history if it continues to go against the tide.}}</ref> The ] recommends the use of ''same-sex marriage'' over ''gay marriage''.<ref>{{Cite tweet |number=1095408455479902211 |user=APStylebook |title=The term same-sex marriage is preferred over gay marriage. In places where it's legal, same-sex marriage is no different from other marriages, so the term should be used only when germane and needed to distinguish from marriages between heterosexual couples. #APStyleChat |author=APStylebook |date=12 February 2019 |access-date=13 December 2022 |language=en |archive-url=https://web.archive.org/web/20221019190133/https://twitter.com/apstylebook/status/1095408455479902211 |archive-date=19 October 2022 |url-status=live}}</ref> In deciding whether to use the term ''gay marriage'', it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term ''gay marriage'' is sometimes considered erasure of such people.<ref>{{Cite web |url=https://news.gallup.com/poll/329975/one-lgbt-americans-married-sex-spouse.aspx|title=One in 10 LGBT Americans Married to Same-Sex Spouse|date=24 February 2021|website=Gallup }}</ref><ref>{{Cite web |url=https://consciousstyleguide.com/when-bisexual-people-marry/|title=When Bisexual People Marry|first=Karen|last=Yin|date=8 March 2016 |website=Conscious Style Guide}}</ref> | |||
| The ] recommends the usage of the phrase ''marriage for gays and lesbians'' or the term ''gay marriage'' in space-limited headlines. The ] warns that the construct ''gay marriage'' can imply that the marriages of same-sex couples are somehow different from the marriages of opposite-sex couples.<ref>{{cite news|last=Harper|first=Robyn|title=When I Get Married, Will It Be a 'Gay Marriage'?|url=https://www.huffingtonpost.com/robyn-harper/marriage-equality_b_1572611.html|access-date=28 September 2012|newspaper=]|date=6 June 2012}}</ref><ref>{{cite news|last=Harper |first=Robyn |title=My Marriage Won't Be a 'Gay Marriage' |url=http://voices.yahoo.com/my-marriage-wont-gay-marriage-11514384.html?cat=41|access-date=28 September 2012|publisher=Yahoo!|date=30 June 2012|url-status=dead|archive-url=https://web.archive.org/web/20120928202736/http://voices.yahoo.com/my-marriage-wont-gay-marriage-11514384.html?cat=41|archive-date=28 September 2012}}</ref> | |||
| ===Use of the term ''marriage''=== | ===Use of the term ''marriage''=== | ||
| Anthropologists have struggled to determine a definition of ] that absorbs commonalities of the ] across cultures around the world.<ref name=Fedorak>{{ |
Anthropologists have struggled to determine a definition of ] that absorbs commonalities of the ] across cultures around the world.<ref name="Fedorak">{{Cite book |last=Fedorak |first=Shirley A. |title=Anthropology matters! |publisher=] |year=2008 |isbn=978-1442601086 |location=, Ont. |pages=Ch. 11; p. 174}}</ref><ref name="Gough">{{Cite journal |last=Gough |first=Kathleen E. |date=Jan–Jun 1959 |title=The Nayars and the Definition of Marriage |journal=The Journal of the Royal Anthropological Institute of Great Britain and Ireland |volume=89 |issue=1 |pages=23–34 |doi=10.2307/2844434 |jstor=2844434}}</ref> Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 ], such as the ] and ].<ref name=Gough/><ref name="Africa">{{Cite book |last1=Murray |first1=Stephen O. |url=https://books.google.com/books?id=ZjbESL6YWU0C&q=%22Woman-woman+marriage+in+Africa%22&pg=PA255 |title=Boy-wives and female husbands : studies of African homosexualities |last2=Roscoe, Will |publisher=St. Martin's |year=2001 |isbn=978-0312238292 |edition=1st pbk. |location=New York |access-date=28 October 2020 |archive-url=https://web.archive.org/web/20210204174244/https://books.google.com/books?id=ZjbESL6YWU0C&q=%22Woman-woman+marriage+in+Africa%22&pg=PA255 |archive-date=4 February 2021 |url-status=live}}</ref><ref name="Kikuyu">{{Cite journal |last1=Njambi |first1=Wairimu |last2=O'Brien, William |date=Spring 2001 |title=Revisiting "Woman-Woman Marriage": Notes on Gikuyu Women |url=http://muse.jhu.edu/login?uri=/journals/nwsa_journal/v012/12.1njambi.html |url-status=live |journal=] |volume=12 |issue=1 |pages=1–23 |doi=10.1353/nwsa.2000.0015 |archive-url=https://web.archive.org/web/20120113015023/http://muse.jhu.edu/login?uri=%2Fjournals%2Fnwsa_journal%2Fv012%2F12.1njambi.html |archive-date=13 January 2012 |access-date=28 September 2012 |s2cid=144520611}}</ref> | ||
| With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.<ref>{{ |
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions.<ref>{{Cite news |date=24 May 2004 |title=Dictionaries take lead in redefining modern marriage |work=] |url=http://www.washingtontimes.com/news/2004/may/24/20040524-103201-1169r |url-status=live |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20120918034452/http://www.washingtontimes.com/news/2004/may/24/20040524-103201-1169r/ |archive-date=18 September 2012}}</ref><ref name="ABA">{{Cite web |title=Webster Makes It Official: Definition of Marriage Has Changed |url=http://www.abajournal.com/news/webster_makes_it_official_definition_of_marriage_has_changed |url-status=live |archive-url=https://web.archive.org/web/20150427004101/http://www.abajournal.com/news/webster_makes_it_official_definition_of_marriage_has_changed |archive-date=27 April 2015 |access-date=28 September 2012 |publisher=]}}</ref> The '']'' has recognized same-sex marriage since 2000.<ref name="slate">{{Cite news |last=Redman |first=Daniel |date=7 April 2009 |title=Noah Webster Gives His Blessing: Dictionaries recognize same-sex marriage—who knew? |work=] |url=http://www.slate.com/id/2215628 |url-status=live |access-date=28 September 2012 |archive-url=https://web.archive.org/web/20110917032021/http://www.slate.com/id/2215628/ |archive-date=17 September 2011}}</ref> | ||
| Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as ], the ], and the ], use the term ''traditional marriage'' to mean opposite-sex marriage.<ref name="religion">{{ |
Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as ], the ], and the ], use the term ''traditional marriage'' to mean opposite-sex marriage.<ref name="religion">{{Cite web |date=13 August 2008 |title=The Divine Institution of Marriage |url=https://newsroom.churchofjesuschrist.org/article/the-divine-institution-of-marriage |url-status=live |archive-url=https://web.archive.org/web/20190611071837/https://newsroom.churchofjesuschrist.org/article/the-divine-institution-of-marriage |archive-date=11 June 2019 |access-date=28 September 2012 |publisher=]}}</ref> | ||
| ==History== | ==History== | ||
| {{Main|History of same-sex unions |
{{Main|History of same-sex unions}} | ||
| {{For timeline}} | |||
| {{Broader|History of homosexuality}} | |||
| ===Ancient=== | ===Ancient=== | ||
| {{further|Homosexuality in ancient Rome}} | |||
| A reference to appears in the ], which was written in the 3rd century CE. The ] prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included same-sex marriage: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."<ref>Rabbi Joel Roth. ''rabbinicalassembly.org'' 1992.</ref> | |||
| A reference to marriage between same-sex couples appears in the ], which was written in the 3rd century CE. The ] prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."<ref>Rabbi Joel Roth. {{Webarchive|url=https://web.archive.org/web/20170824192248/https://www.rabbinicalassembly.org/sites/default/files/assets/public/halakhah/teshuvot/19912000/roth_homosexual.pdf |date=24 August 2017 }} ''rabbinicalassembly.org'' 1992.</ref> | |||
| A few scholars believe that in the early ] some male couples were celebrating ] in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded.<ref>Martial 1.24 and 12.42; Juvenal 2.117–42. Williams, ''Roman Homosexuality'', pp. 28, 280; Karen K. Hersh, ''The Roman Wedding: Ritual and Meaning in Antiquity'' (Cambridge University Press, 2010), p. 36; ], ''Power and Eroticism in Imperial Rome'' (Cambridge University Press, 2007), pp. 151ff.</ref> Various ancient sources state that the emperor ] celebrated two public weddings with males, once taking the role of the bride (with a ] ]), and once the groom (with ]); there may have been a third in which he was the bride.<ref>], ], ], and ] are the sources cited by Williams, ''Roman Homosexuality'', p. 279.</ref> In the early 3rd century AD, the emperor ] is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of the emperor.<ref>Williams, ''Roman Homosexuality'', pp. 278–279, citing Dio Cassius and ].</ref> ] did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially.<ref name="auto4">Williams, ''Roman Homosexuality'', p. 280.</ref> As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear.<ref name="auto4"/> | |||
| What is arguably the first historical mention of the performance of same-sex marriages occurred during the early ] according to controversial<ref name="Shaw">Shaw criticizes Boswell's methodology and conclusions as disingenuous {{cite magazine|last=Shaw|first=Brent|author-link=Brent Shaw|date=July 1994|title=A Groom of One's Own?|magazine=]|pages=43–48|url=http://www.learnedhand.com/shaw_boswell.htm|access-date=25 June 2009|archive-url=https://archive.today/20060507014622/http://www.learnedhand.com/shaw_boswell.htm|archive-date=7 May 2006}}</ref> historian ].<ref name=boswell>{{cite book|last=Boswell|first=John|title=Same-sex unions in premodern Europe|year=1995|publisher=Vintage Books|location=New York|isbn=978-0-679-75164-9|pages=80–85|url=https://books.google.com/books?id=iRL9cXA1m1IC}}</ref> These were usually reported in a critical or satirical manner.<ref>{{cite web|last=Frier|first=Bruce|title=Roman Same-Sex Weddings from the Legal Perspective|url=http://www.umich.edu/~classics/news/newsletter/winter2004/weddings.html|publisher=]|access-date=25 September 2012|url-status=dead|archive-url=https://web.archive.org/web/20111230041201/http://www.umich.edu/~classics/news/newsletter/winter2004/weddings.html|archive-date=30 December 2011}}</ref> | |||
| ===Contemporary=== | |||
| Child emperor ] referred to his ] driver, a blond slave from ] named ], as his husband.<ref>Bunson, M., ''Encyclopedia of the Roman Empire'', Infobase Publishing, 2009, p. 259.</ref> He also married an athlete named Zoticus in a lavish public ceremony in Rome amidst the rejoicings of the citizens.<ref>{{cite web|url=https://penelope.uchicago.edu/Thayer/E/Roman/Texts/Cassius_Dio/80*.html |title=Cassius Dio — Epitome of Book 80 |website=Penelope.uchicago.edu |access-date=7 July 2017}}</ref><ref>{{cite web|author=Herodian |url=http://www.tertullian.org/fathers/herodian_05_book5.htm |title=Herodian of Antioch, History of the Roman Empire (1961) pp.135-152. Book 5 |website=Tertullian.org |access-date=7 July 2017}}</ref><ref name=scarre>{{cite book|last=Scarre|first=Chris|title=Chronicles of the Roman Emperors|year=1995|publisher=Thames and Hudson Ltd|location=London|isbn=978-0-500-05077-4|page=151|url=https://books.google.com/books?id=s1tspwAACAAJ}}</ref> | |||
| ] shortly after the federal legalization of ], 2015]] | |||
| ]<ref name="auto"/><ref name="auto1"/> are the first same sex couple in modern recorded history<ref name="auto2"/> known to obtain a ],<ref name="National Archives"/> have their marriage solemnized, which occurred on September 3, 1971, in ],<ref name="3Sept1971"/> and have it legally recognized by any form of government.<ref name="ruling" /><ref name="epilogue"/> Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in the ], the ] led to increased attention on the legal aspects of same-sex relationships.<ref>{{Cite news |date=March–April 2013 |title=How Same-Sex Marriage Came to Be |url=http://harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be |url-status=live |archive-url=https://web.archive.org/web/20190502173822/https://harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be |archive-date=2 May 2019 |access-date=28 March 2015 |website=]}}</ref> ] made the first case for same sex marriage in a major American journal in 1989,<ref name=intelligent>{{cite web|url=http://www.moreintelligentlife.com/story/andrew-sullivan-thinking-out-loud|archive-url=https://web.archive.org/web/20090425202254/http://www.moreintelligentlife.com/story/andrew-sullivan-thinking-out-loud|archive-date=25 April 2009 |title=Andrew Sullivan: Thinking. Out. Loud. |newspaper=Intelligent Life |date=Spring 2009 |access-date=24 October 2013|first=Johann |last=Hari}}</ref> published in ''The New Republic''.<ref name="groom">{{cite news|last=Sullivan|first=Andrew|title=Here Comes the Groom|url=http://www.slate.com/articles/news_and_politics/politics/2012/11/gay_marriage_votes_and_andrew_sullivan_his_landmark_1989_essay_making_a.html|access-date=24 October 2013|newspaper=Slate|date=9 November 2012}}</ref> | |||
| In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing ]s, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".<ref>{{Cite news |last=Rule |first=Sheila |date=2 October 1989 |title=Rights for Gay Couples in Denmark |work=] |url=https://www.nytimes.com/1989/10/02/world/rights-for-gay-couples-in-denmark.html |url-status=live |access-date=19 August 2013 |archive-url=https://web.archive.org/web/20160304080523/http://www.nytimes.com/1989/10/02/world/rights-for-gay-couples-in-denmark.html |archive-date=4 March 2016}}</ref> In 2001, the ] became the first country to broaden marriage laws to include same-sex couples.<ref name="bloomberg-2014-12-04" /><ref>{{Cite news |date=26 May 2009 |title=Same-sex marriage around the world |work=CBC News |location=Toronto |url=https://www.cbc.ca/news/world/same-sex-marriage-around-the-world-1.799137 |url-status=live |access-date=6 October 2009 |archive-url=https://web.archive.org/web/20101125125134/http://www.cbc.ca/world/story/2009/05/26/f-same-sex-timeline.html |archive-date=25 November 2010}}</ref> Since then, same-sex marriage has been established by law in 34 other countries, including most of the ] and ]. Yet its spread has been uneven — ] is the only country in ] to take the step; ] and ] are the only ones in ].<ref>{{Cite web |date=28 April 2021 |title=The Dutch went first in 2001; who has same-sex marriage now? |url=https://apnews.com/article/europe-africa-netherlands-job-cohen-western-europe-e08b053af367028737c9c41c492cc568 |url-status=live |archive-url=https://web.archive.org/web/20210821101311/https://apnews.com/article/europe-africa-netherlands-job-cohen-western-europe-e08b053af367028737c9c41c492cc568 |archive-date=21 August 2021 |access-date=21 August 2021 |website=]}}</ref><ref>{{Cite web |last=Sangwongwanich |first=Pathom |date=June 18, 2024 |title=Thai Same-Sex Marriage Bill Clears Final Hurdle With Senate Nod |url=https://www.bloomberg.com/news/articles/2024-06-18/thai-same-sex-marriage-bill-clears-final-hurdle-with-senate-nod?srnd=all |access-date=2024-06-18 |website=www.bloomberg.com}}</ref> | |||
| The first Roman emperor to have married a man was ], who is reported to have married two other males on different occasions. The first was with one of Nero's own ], ], with whom Nero took the role of the bride.<ref>Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, p. 284.</ref> Later, as a groom, Nero married ], a young boy, to replace the adolescent female concubine he had killed<ref name="dio-history-LXII-28">Nero missed her so greatly that, on learning of a woman who resembled her, he sent for her and kept her; but later he caused a boy of the freedmen, whom he used to call Sporus, ... "he formally "married" Sporus, and assigned the boy a regular dowry according to contract;" q.v., Suetonius ''Nero'' 28; Dio Cassius '' Epitome '' 62.28</ref><ref>{{cite web|url=https://penelope.uchicago.edu/Thayer/E/Roman/Texts/Cassius_Dio/62.html |title=Bill Thayer's Web Site |website=Penelope.uchicago.edu |access-date=7 July 2017}}</ref> and married him in a very public ceremony with all the solemnities of matrimony, after which Sporus was forced to pretend to be the female concubine that Nero had killed and act as though they were really married.<ref name="dio-history-LXII-28"/> A friend gave the "bride" away as required by law. The marriage was celebrated in both Greece and Rome in extravagant public ceremonies.<ref>{{cite web|url=https://penelope.uchicago.edu/Thayer/E/Roman/Texts/Cassius_Dio/62*.html |title=Cassius Dio — Epitome of Book 62 |website=Penelope.uchicago.edu |access-date=7 July 2017}}</ref> | |||
| <!---Please add references in the main article before or after adding information to this table---> | |||
| ==Timeline== | |||
| ''Conubium'' existed only between a ''civis Romanus'' and a ''civis Romana'' (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).<ref>Corbett, ''The Roman Law of Marriage'' (Oxford, 1969), pp. 24–28; Treggiari, ''Roman Marriage'' (Oxford, 1991), pp. 43–49.; "Marriages where the partners had ''conubium'' were marriages valid in Roman law (''iusta matrimonia'')" . Compare Ulpian (''Tituli Ulpiani'') 5.3–5: "''Conubium'' is the capacity to marry a wife in Roman law. Roman citizens have ''conubium'' with Roman citizens, but with Latins and foreigners only if the privilege was granted. There is no ''conubium'' with slaves"; compare also Gaius (''Institutionum'' 1:55–56, 67, 76–80).</ref> Furthermore, according to Susan Treggiari, "''matrimonium'' was then an institution involving a mother, ''mater''. The idea implicit in the word is that a man took a woman in marriage, ''in matrimonium ducere'', so that he might have children by her."<ref>Treggiari, ''Roman Marriage'' (Oxford, 1991), p. 5.</ref> | |||
| {{main|Timeline of same-sex marriage}} | |||
| The summary table below lists in chronological order the sovereign states (the ] and ]) that have legalized same-sex marriage. As of 2025, 37 states have legalized in some capacity.<ref>{{cite web |last1=Theil |first1=Michele |title=This map shows you where same-sex marriage is legal around the world – and there's a long way to go |url=https://www.thepinknews.com/2024/02/16/this-map-shows-you-where-same-sex-marriage-is-legal-around-the-world-and-theres-a-long-way-to-go/ |website=PinkNews |date=16 February 2024 |access-date=16 February 2024}}</ref> | |||
| Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority. | |||
| In 342 AD, Christian emperors ] and ] issued a law in the ] (''C. Th.'' 9.7.3) prohibiting ] and ordering execution for those so married.<ref>{{cite journal|last=Kuefler|first=Mathew|year=2007|title=The Marriage Revolution in Late Antiquity: The Theodosian Code and Later Roman Marriage Law|journal=Journal of Family History|volume=32|pages=343–370|doi=10.1177/0363199007304424|issue=4|s2cid=143807895}}</ref> Professor Fontaine of Cornell University Classics Department has pointed out that there is no provision for same-sex marriage in Roman Law, and the text from 342 CE is corrupt, "marries a woman" might be "goes to bed in a dishonorable manner with a man" as a condemnation of homosexual behavior between men.<ref>Eidolon, 2015, Michael Fontaine, Associate Professor of Classics and Assistant Dean, Cornell University "nubit…feminam" for "cubit...infamen," and the Law does not provide for it."</ref> The ], dated 1590, records the normality and acceptance of same-sex marriage in the native cultures of the ] prior to colonization.<ref>George Bryan Souza. The Boxer Codex: Transcription and Translation of an Illustrated Late Sixteenth-Century Spanish Manuscript Concerning the Geography, History and ... (European Expansion and Indigenous Response) Annotated Edition. Brill; Annotated edition (November 20, 2015). </ref> | |||
| A 17th century Chinese writer ] attests same-sex marriages in China ].{{Citation needed|date=April 2021}} | |||
| ===Contemporary=== | |||
| Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. In ] same sex marriage became an official request of gay rights movement after the ] in ].<ref>{{cite web|title=How Same-Sex Marriage Came to Be|url=http://harvardmagazine.com/2013/03/how-same-sex-marriage-came-to-be|website=]|date=March–April 2013|access-date=28 March 2015}}</ref><ref>{{cite news|title=The secret history of same-sex marriage|url=https://www.theguardian.com/books/2015/jan/23/-sp-secret-history-same-sex-marriage|work=]|access-date=26 July 2015|date=23 January 2015}}</ref> | |||
| In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing ]s, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child".<ref>{{cite news|last=Rule|first=Sheila|title=Rights for Gay Couples in Denmark|url=https://www.nytimes.com/1989/10/02/world/rights-for-gay-couples-in-denmark.html|access-date=19 August 2013|newspaper=New York Times|date=2 October 1989}}</ref> In 2001, the ] became the first country to establish same-sex marriage by law.<ref>{{Cite news|url=https://www.cbc.ca/news/world/same-sex-marriage-around-the-world-1.799137|title=Same-sex marriage around the world|work=CBC News|location=Toronto|date=26 May 2009|access-date=6 October 2009}}</ref> Since then, same-sex marriage has also been established by law in 28 other countries, including most of the ] and ]. Yet its spread has been uneven — ] is the only country in ] to take the step; ] is the only one in ].<ref>{{Cite web|url=https://apnews.com/article/europe-africa-netherlands-job-cohen-western-europe-e08b053af367028737c9c41c492cc568|title = The Dutch went first in 2001; who has same-sex marriage now?|date = 28 April 2021}}</ref> | |||
| ===Timeline=== | |||
| {{main|Timeline of same-sex marriage}} | |||
| Note: Dates are when marriages began to be officially certified. Same-sex marriage is still technically illegal in some polities that accept them (e.g. several Mexican states). | |||
| {| class="wikitable" | {| class="wikitable" | ||
| |- | |- | ||
| Line 127: | Line 125: | ||
| * ] (27 April) | * ] (27 April) | ||
| * {{flagicon|Sweden}} ''']''' (1 May) | * {{flagicon|Sweden}} ''']''' (1 May) | ||
| * ] (20 May) | * ] (20 May) | ||
| * ] (1 September) | * ] (1 September) | ||
| {{endflatlist}} | {{endflatlist}} | ||
| Line 136: | Line 134: | ||
| * ] (3 March) | * ] (3 March) | ||
| * ] (4 March) | * ] (4 March) | ||
| * ] (29 April) | * ] (29 April) | ||
| * {{flagicon|Portugal}} ''']''' (5 June) | * {{flagicon|Portugal}} ''']''' (5 June) | ||
| * {{flagicon|Iceland}} ''']''' (27 June) | * {{flagicon|Iceland}} ''']''' (27 June) | ||
| Line 145: | Line 143: | ||
| |{{flatlist}} | |{{flatlist}} | ||
| * ] (24 July) | * ] (24 July) | ||
| * ] (1 August) | * ] (1 August) | ||
| * ] (7 December) | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
| !2012 | !2012 | ||
| |{{flatlist}} | |{{flatlist}} | ||
| * ] (6 January) | |||
| * ] (3 May) | * ] (3 May) | ||
| * {{flagicon|Denmark}} ''']''' (15 June) | * {{flagicon|Denmark}} ''']''' (15 June) | ||
| Line 160: | Line 158: | ||
| * ] (1 December) | * ] (1 December) | ||
| * ] (6 December) | * ] (6 December) | ||
| * ] (9 December) | * ] (9 December) | ||
| * ] (15 December) | * ] (15 December) | ||
| * ] (29 December) | * ] (29 December) | ||
| Line 170: | Line 168: | ||
| * ] (16 February) | * ] (16 February) | ||
| * ] (15 March) | * ] (15 March) | ||
| * ] (15 March) | * ] (15 March) | ||
| * ] (26 March) | * ] (26 March) | ||
| * ] (2 April) | * ] (2 April) | ||
| Line 176: | Line 174: | ||
| * ] (29 April) | * ] (29 April) | ||
| * ] (29 April) | * ] (29 April) | ||
| * ] (8 May) | * ] (8 May) | ||
| * {{flagicon|Brazil}} ''']''' (16 May) | * {{flagicon|Brazil}} ''']''' (16 May) | ||
| * {{flagicon|France}} ''']''' (18 May) | * {{flagicon|France}} ''']''' (18 May) | ||
| * ] (24 June) | * ] (24 June) | ||
| * ] (28 June) | * ] (28 June) | ||
| * ] (1 July) | * ] (1 July) | ||
| * ] (1 August) | * ] (1 August) | ||
| * ] (1 August) | * ] (1 August) | ||
| * ] (1 August) | * ] (1 August) | ||
| * {{flagicon|Uruguay}} ''']''' (5 August) | * {{flagicon|Uruguay}} ''']''' (5 August) | ||
| * {{flagicon|New Zealand}} ''']''' (19 August) | * {{flagicon|New Zealand}} ''']''' (19 August) | ||
| Line 194: | Line 192: | ||
| * ] (28 August) | * ] (28 August) | ||
| * ] (4 September) | * ] (4 September) | ||
| * ] (5 September) | * ] (5 September) | ||
| * ] (9 September) | * ] (9 September) | ||
| * ] (18 October<!--3rd license since repeal of DOMA, first public marriage-->) | * ] (18 October<!--3rd license since repeal of DOMA, first public marriage-->) | ||
| * ] (21 October) | * ] (21 October) | ||
| * ] (1 November) | * ] (1 November) | ||
| * ] (15 November) | * ] (15 November) | ||
| * ] (2 December) | * ] (2 December) | ||
| * ] (19 December) | * ] (19 December) | ||
| * ] (20 December, repealed 6 January 2014) | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
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| |{{flatlist}} | |{{flatlist}} | ||
| * ] (21 February) | * ] (21 February) | ||
| * ] (13 March) | * {{flagicon|England}} {{flagicon|Wales}} ] (13 March) | ||
| * ] (13 March) | |||
| * ] (19 May) | * ] (19 May) | ||
| * ] (20 May) | * ] (20 May) | ||
| Line 213: | Line 213: | ||
| * ] (3 June) | * ] (3 June) | ||
| * ] (3 June) | * ] (3 June) | ||
| * ] (9 July) | * ] (9 July) | ||
| * ] (16 July) | * ] (16 July) | ||
| * ] (10 August) | * ] (10 August) | ||
| * ] (17 September) | * ] (17 September) | ||
| * ] (6 October) | * ] (6 October) | ||
| Line 222: | Line 222: | ||
| * ] (6 October) | * ] (6 October) | ||
| * ] (6 October) | * ] (6 October) | ||
| * ] (6 October) | * ] (6 October) | ||
| * ] (7 October) | * ] (7 October) | ||
| * ] (9 October) | * ] (9 October) | ||
| * ] (9 October) | * ] (9 October) | ||
| * ] (9 October) | * ] (9 October) | ||
| * ] (10 October) | * ] (10 October) | ||
| * ] (12 October) | * ] (12 October) | ||
| * ] (15 October) | * ] (15 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (17 October) | * ] (17 October) | ||
| * ] (21 October) | * ] (21 October) | ||
| * ] (5 November) | * ] (5 November) | ||
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| * ] (12 November) | * ] (12 November) | ||
| * ] (12 November) | * ] (12 November) | ||
| * ] (14 November) | * ] (14 November) | ||
| * ] (14 November) | * ] (14 November) | ||
| * ] (19 November) | * ] (19 November) | ||
| * ] (19 November) | * ] (19 November) | ||
| * ] (20 November) | * ] (20 November) | ||
| * ] (13 December) | * ] (13 December) | ||
| * ] (16 December) | * {{flagicon|Scotland}} ] (16 December) | ||
| * ] | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
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| * ] (5 January) | * ] (5 January) | ||
| * ] (6 January) | * ] (6 January) | ||
| * ] (24 February) | * ] (24 February) | ||
| * ] (14 May) | * ] (14 May) | ||
| * ] (15 May) | * ] (15 May) | ||
| * ] (9 June) | * ] (9 June) | ||
| * ] (10 June) | * ] (10 June) | ||
| * ] (12 June) | * ] (12 June) | ||
| * {{flagicon|United States}} ''']''' (26 June) | * {{flagicon|United States}} ''']''' (26 June) | ||
| * ] (30 June) | * ] (30 June) | ||
| * ] (7 July) | * ] (7 July) | ||
| * ] (9 July) | * ] (9 July) | ||
| * ] (13 July) | * ] (13 July) | ||
| * ] (21 July) | * ] (21 July) | ||
| * ] ( |
* ] (3 August) | ||
| * ] (9 September) | |||
| * {{flagicon|Ireland}} ''']''' (16 November) | * {{flagicon|Ireland}} ''']''' (16 November) | ||
| * ] (18 November) | * ] (18 November) | ||
| * ] (23 December) | * ] (23 December) | ||
| {{endflatlist}} | {{endflatlist}} | ||
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| !2016 | !2016 | ||
| |{{flatlist}} | |{{flatlist}} | ||
| * ] (2 February) | * ] (2 February) | ||
| * {{flagicon|Greenland}} |
* {{flagicon|Greenland}} ] (1 April) | ||
| * {{flagicon|Colombia}} ''']''' (28 April) | * {{flagicon|Colombia}} ''']''' (28 April) | ||
| * ] (6 May) | * ] (6 May) | ||
| * ] (12 May) | * ] (12 May) | ||
| * ] (20 May) | * ] (20 May) | ||
| Line 289: | Line 289: | ||
| * ] (18 September) | * ] (18 September) | ||
| * ] (13 October) | * ] (13 October) | ||
| * ] (3 November) | * ] (3 November) | ||
| * ] (9 December) | * ] (9 December) | ||
| * ] (15 December) | * ] (15 December) | ||
| {{endflatlist}} | {{endflatlist}} | ||
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| <!-- *** Please check discussion on talk page before adding Slovenia! *** --> | <!-- *** Please check discussion on talk page before adding Slovenia! *** --> | ||
| * {{flagicon|Finland}} ''']''' (1 March) | * {{flagicon|Finland}} ''']''' (1 March) | ||
| * ] (20 March) | * ] (20 March) | ||
| * ] (22 March) | * ] (22 March) | ||
| * ] (29 April) | * ] (29 April) | ||
| * ] (2 May) | * ] (2 May) | ||
| * ] (5 May, repealed 1 June 2018) | * ] (5 May, repealed 1 June 2018) | ||
| * ] (5 June) | * ] (5 June) | ||
| * {{flagicon|Faroe Islands}} |
* {{flagicon|Faroe Islands}} ] (1 July) | ||
| * ] (4 August) | * ] (4 August) | ||
| * {{flagicon|Malta}} ''']''' (1 September) | * {{flagicon|Malta}} ''']''' (1 September) | ||
| * {{flagicon|Germany}} ''']''' (1 October) | * {{flagicon|Germany}} ''']''' (1 October) | ||
| * ] (25 October) | * ] (25 October) | ||
| * ] (3 November) | * ] (3 November) | ||
| * {{flagicon|Australia}} ''']''' (9 December) | * {{flagicon|Australia}} ''']''' (9 December) | ||
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| * ] (1 July) | * ] (1 July) | ||
| * ] (26 August) | * ] (26 August) | ||
| * ] (27 August) | * ] (27 August) | ||
| * ] (23 November) | * ] (23 November, repealed 14 March 2022) | ||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
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| * ] (by 5 July) | * ] (by 5 July) | ||
| * {{flagicon|Ecuador}} ''']''' (8 July) | * {{flagicon|Ecuador}} ''']''' (8 July) | ||
| * ] (8 July) | * ] (8 July) | ||
| * ] (8 July) | * ] (8 July) | ||
| * ] (8 August) | * ] (8 August) | ||
| * ] (16 August) | * ] (16 August) | ||
| {{endflatlist}} | {{endflatlist}} | ||
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| * {{flagicon|Costa Rica}} ''']''' (26 May) | * {{flagicon|Costa Rica}} ''']''' (26 May) | ||
| * ] (3 July) | * ] (3 July) | ||
| * ] (6 August) | * ] (6 August) | ||
| * ] (25 December) | * ] (25 December) | ||
| {{endflatlist}} | {{endflatlist}} | ||
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| |{{flatlist}} | |{{flatlist}} | ||
| * ] (30 June) | * ] (30 June) | ||
| * ] ( |
* ] (22 October) | ||
| * ] (13 November) | |||
| * ] (20 December) | |||
| * ] (30 December) | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
| !2022 | !2022 | ||
| |{{flatlist}} | |{{flatlist}} | ||
| * |
* ] (4 March) | ||
| * {{flagicon|Chile}} ''']''' (10 March) | |||
| * ] (11 April) | |||
| * ] (18 April) | |||
| * ] (25 May) | |||
| * ] (13 June) | |||
| * {{flagicon|Switzerland}} ''']''' (1 July) | |||
| * {{flagicon|Slovenia}} ''']''' (8 or 9 July) | |||
| * ] (19 September) | |||
| * {{flagicon|Cuba}} ''']''' (27 September) | |||
| * ] (27 October) | |||
| * ] (2 November) | |||
| * ] (19 November) | |||
| * ] (21 December) | |||
| * ] ]'''] (31 December) | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |- | |- | ||
| !2023 | |||
| !Pending | |||
| |{{flatlist}} | |{{flatlist}} | ||
| * {{flagicon|Andorra}} ''']''' (17 February) | |||
| <!-- Post legislation referendum : only delete if and when the result is against, as was done before in such cases --> | |||
| * ] (16 March) | |||
| * ''] (by 1 November 2021)''<ref></ref> | |||
| * ] (23 May) | |||
| * ''] (by 6 March 2022)''<ref>The Yucatec state congress has 180 days from date of publication of the constitution change, 7 Sept 2021, to amend all state laws to be in conformity with the constitution. The governor can at any time instruct the civil registry to start issuing marriage licenses.</ref> | |||
| {{endflatlist}} | |||
| |- | |||
| !2024 | |||
| |{{flatlist}} | |||
| * {{flagicon|Estonia}} ''']''' (1 January) | |||
| * {{flagicon|Greece}} ''']''' (16 February) | |||
| * {{flagicon|Aruba}} ] (12 July) | |||
| * {{flagicon|Curacao}} ] (12 July) | |||
| {{endflatlist}} | |||
| |- | |||
| !2025 | |||
| |{{flatlist}} | |||
| * '''{{flagicon|Liechtenstein}} ] '''(1 January) | |||
| * ''''' {{Flagicon|Thailand}} ]''' (23 January)'' | |||
| {{endflatlist}} | {{endflatlist}} | ||
| |} | |} | ||
| ==Same-sex marriage around the world== | ==Same-sex marriage around the world== | ||
| {{Main|Legal status of same-sex marriage|Same-sex union legislation}} | {{Main|Legal status of same-sex marriage|Same-sex union legislation|Recognition of same-sex unions by country }} | ||
| Same-sex marriage is legally performed and recognized (nationwide or in some parts) in the following countries: ], ],{{efn|name=australia|text=Same-sex marriage is performed and recognized by law in Australia itself and in the non-self-governing possessions of ], ] and the ], which follow Australian law.}} ], ], ], ], ], ], the ],{{efn|name=denmark|text=Same-sex marriage is performed and recognized by law in metropolitan Denmark, the ] and ], which together make up the ].}} ], ], ],{{efn|name=france|text=Same-sex marriage is performed and recognized by law in metropolitan France and in all ], which follow a single legal code.}} ], ], ], ], ], ],{{efn|name=mexico|text=Same-sex marriage is legally recognized throughout Mexico, and it is legally available in most states and in its consulates abroad, though the process is not everywhere as straightforward as it is for opposite-sex marriage. However, it is locally available only by court injunction (]) in seven states, namely Tabasco, Mexico (Edomex), Guanajuato, Yucatan, Veracruz, Durango and Tamaulipas – though as of 2021 the last five are in the process of legislating for same-sex marriage, and courts in all states are legally required to issue an injunction when petitioned. Same-sex marriage is available in some municipalities but not statewide in ] and ].}} ],{{efn|name=netherlands|text=Same-sex marriage is performed and recognized by law in ], including the Caribbean municipalities of ]. Marriages entered into there have minimal recognition in ], which together make up the Kingdom of the Netherlands.}} ],{{efn|name=nz|text=Same-sex marriage is performed and recognized by law in ], but not in its possession of ], nor in the ] and ], which make up the ].}} ], ], ], ], ], ], the ],{{efn|name=uk|text= Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in ], but not in its Caribbean possessions, namely ], the ], the ], ] and the ].}} the ]{{efn|name=usa|text=Same-sex marriage is performed and recognized by law in all ] of the USA and in the ], in all overseas territories except ], and in all ] that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are ] and ], and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the ], ], ] and ]. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.}} and ]. In ] same-sex marriage will be performed from July 2022. | |||
| Same-sex marriage is legally performed and recognized in 37 countries: ], ], ],{{efn|name=australia|text=Same-sex marriage is performed and recognized by law in continental Australia and in the non-self-governing possessions of ], ] and the ], which follow Australian law.}} ], ], ], ], ], ], ], ], ],{{efn|name=denmark|text=Same-sex marriage is performed and recognized by law in continental Denmark, the ] and ], which together make up the ].}} ],{{efn|name=ecuador|text=Same-sex marriage is performed and recognized throughout Ecuador, but such couples are not considered married for purposes of adoption and may not adopt children.}} ], ], ],{{efn|name=france|text=Same-sex marriage is performed and recognized by law in metropolitan France and in all ], which follow a single legal code.}} ], ], ], ], ], ], ], ],{{efn|name=mexico|text=Same-sex marriage is available in all jurisdictions, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights.}} the ],{{efn|name=netherlands|text=Same-sex marriage is performed and recognized by law in ], the Caribbean municipalities of ], and the constituent countries of ], but not yet in Sint Maarten.}} ],{{efn|name=nz|text=Same-sex marriage is performed and recognized by law in ], but not in its possession of ], nor in the ] and ], which make up the ].}} ], ], ], ], ], ], ], ], the ],{{efn|name=uk|text= Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in ], but not in its Caribbean possessions, namely ], ], the ], the ], ] and the ].}} the ],{{efn|name=usa|text=Same-sex marriage is performed and recognized by law in all ] of the US and in the ], in all overseas territories except ] (recognition only), and in all ] that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are ] and ], and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the ] and ]. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.}} and ].<ref name="HRC">{{cite web |title=Marriage Equality Around the World |url=https://www.hrc.org/resources/marriage-equality-around-the-world |website=] |access-date=3 February 2024}}</ref> Same-sex marriage performed remotely or abroad is recognized with full marital rights by ].<ref>{{Cite web |date=2018 |title=Information for couples marrying outside the Rabbinate |url=http://rackmancenter.com/wp-content/uploads/2018/10/Marriage-Outside-the-Rabbinate-Halperin-Kaddari-et-al-Rackman-Study-2018.pdf |access-date=November 10, 2023 |website=Rackman Center}}</ref> | |||
| [[File:World marriage-equality laws (up to date).svg|thumb|center|800px| | |||
| {{legend|#025|Marriage open to same-sex couples (rings: individual cases)}} | |||
| [[File:World marriage-equality laws.svg|thumb|center|upright=3| | |||
| {{legend|#06F|Civil unions or domestic partnerships}} | |||
| {{legend|#025|Marriage open to same-sex couples}} | |||
| {{legend|#90C|Same-sex marriage recognized with full rights when performed remotely or abroad}} | |||
| {{legend|#71C837|Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for}} | {{legend|#71C837|Legislation or binding domestic court ruling establishing same-sex marriage, but marriage is not yet provided for}} | ||
| {{legend|#06F|Civil unions or domestic partnerships}} | |||
| {{legend|#90C|Same-sex marriage recognized with full rights when performed in certain other jurisdictions}} | |||
| {{legend|#9CF| |
{{legend|#9CF|Unregistered cohabitation or legal guardianship}} | ||
| {{legend striped|#9CF|#EEE| |
{{legend striped|#9CF|#EEE|Nonbinding certification|up=yes}} | ||
| {{legend|#CAF|Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)}} | {{legend|#CAF|Limited recognition of marriage performed in certain other jurisdictions (residency rights for spouses)}} | ||
| {{legend|# |
{{legend|#EEE|No legal recognition of same-sex unions}} | ||
| {{legend|#EEE|Same-sex unions not legally recognized}} | |||
| ]] | ]] | ||
| Same-sex marriage is ] or the courts in ],<ref></ref> ],<ref></ref> ],<ref></ref> ],<ref></ref> ],<ref>{{cite news |title=Czech lawmakers give nod to same-sex marriage, final vote uncertain |url=https://www.reuters.com/world/europe/czech-lawmakers-give-nod-same-sex-marriage-final-vote-uncertain-2021-04-29/ |access-date=16 September 2021 |work=Reuters |date=29 April 2021 |language=en}}</ref> ],<ref>{{Cite news|url=https://www.bloomberg.com/news/articles/2019-06-03/japan-opposition-parties-submit-bill-to-allow-same-sex-marriage|title = Japan Opposition Parties Submit Same-Sex Marriage Bill|newspaper = Bloomberg.com|date = 3 June 2019}}</ref> ],<ref></ref> various states in Mexico (e.g. Durango,<ref></ref> Guanajuato,<ref></ref> Tamaulipas, Veracruz and Yucatan), ]<ref></ref> and ].<ref>{{Cite web|url=https://prachatai.com/english/node/8634|title = Marriage law amendments now up for public consultation}}</ref> ]s, as a first step toward marriage, are being considered in a number of countries, including ] since 2020 and ] in 2021.<ref></ref> | |||
| Same-sex marriage will begin to be performed by ] in January 2025, and is under ] or the courts in ],<ref>{{cite web|url=https://www.elsalvador.com/noticias/nacional/sala-de-lo-constitucional-resolveria-demanda-sobre-matrimonio-igualitario-en-los-primeros-tres-meses-de-2020/674550/2020/|title=Sala de lo Constitucional resolvería demanda sobre matrimonio igualitario en los primeros tres messes de 2020|work=elsalvador.com|date=6 January 2020|language=es}}</ref><ref>{{cite web|url= https://observador.cr/bukele-busca-que-se-apruebe-el-aborto-terapeutico-y-la-union-homosexual/|title= Bukele busca que se apruebe el aborto terapéutico y la unión homosexual|work=El Observador|date=18 August 2021|language=es}}</ref> ],<ref>{{Cite web|url=https://tg.la7.it/politica/diritti-matrimonio-egualitario-opinioni-a-confronto-scalfarotto-vs-bonaldi-vs-centinaio-09-03-2023-180977|title=Diritti: matrimonio "egualitario". Opinioni a confronto: Scalfarotto vs Bonaldi vs Centinaio|date=9 March 2023|access-date=10 March 2023|archive-date=10 March 2023|archive-url=https://web.archive.org/web/20230310113805/https://tg.la7.it/politica/diritti-matrimonio-egualitario-opinioni-a-confronto-scalfarotto-vs-bonaldi-vs-centinaio-09-03-2023-180977|url-status=live}}</ref><ref>{{Cite web|url=https://www.corriere.it/politica/23_marzo_10/da-zaia-centinaio-cosi-lega-cambia-diritti-lgbt-perche-pesa-l-effetto-francesca-a2e451f8-bf1b-11ed-a204-070182f2d425.shtml|title=Da Zaia a Centinaio: la Lega ora cambia sui diritti lgbt (e c'entra "l'effetto Francesca")|date=10 March 2023|access-date=10 March 2023|archive-date=10 March 2023|archive-url=https://web.archive.org/web/20230310104916/https://www.corriere.it/politica/23_marzo_10/da-zaia-centinaio-cosi-lega-cambia-diritti-lgbt-perche-pesa-l-effetto-francesca-a2e451f8-bf1b-11ed-a204-070182f2d425.shtml|url-status=live}}</ref> ],<ref>{{cite web |title=Japan opposition party submits bill for same-sex marriage |url=https://english.kyodonews.net/news/2023/03/61f05630333c-japan-opposition-party-submits-bill-for-same-sex-marriage.html|publisher=]|date=6 March 2023|accessdate=31 May 2023}}</ref> ],{{efn|name=nepal|text=Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are ordered to temporarily register same-sex marriages in a separate record. In April 2024 the National ID and Civil Registration Department issued a circular to all local governments that they register such marriages. However, simply being registered does not grant same-sex couples the legal rights of marriage, and registered same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions, adopt children etc.<ref>{{Cite web|url=https://www.dw.com/en/nepal-same-sex-couples-face-hurdles-on-road-to-recognition/a-69620274|title=Nepal: Same-sex couples face hurdles on road to recognition|work=DW|date=2024-07-10|first=Swechhya|last=Raut}}</ref><ref>{{Cite web|url=https://kathmandupost.com/national/2023/12/03/how-court-laid-the-ground-for-same-sex-marriage-in-nepal|title=How court laid the ground for same-sex marriage in Nepal|first=Binod|last=Ghimire|date=2023-12-03|work=The Kathmandu Post}}</ref><ref>{{Cite web|url=https://www.apcom.org/long-road-lasting-marriage-equality-nepal/|title=The Long Road to Lasting Marriage Equality in Nepal|work=APCOM|first=Manisha|last=Dhakal}}</ref>}} and ].<ref>{{Cite web |date=24 February 2022 |title=Diputada plantea iniciativa para el matrimonio civil igualitario en la Asamblea Nacional |url=https://elacarigueno.com/ini/diputada-plantea-iniciativa-para-el-matrimonio-civil-igualitario-en-la-asamblea-nacional/ |website=El Acarigueño |language=es |access-date=17 April 2022 |archive-date=20 May 2022 |archive-url=https://web.archive.org/web/20220520104213/https://elacarigueno.com/ini/diputada-plantea-iniciativa-para-el-matrimonio-civil-igualitario-en-la-asamblea-nacional/ |url-status=dead }}</ref> | |||
| On 12 March 2015, the ] passed a non-binding resolution encouraging EU institutions and member states to " on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".<ref>{{cite web|title=UKIP and Tories abstain on EU motion to recognise same-sex marriage|url=http://www.pinknews.co.uk/2015/03/13/ukip-and-tories-abstain-on-eu-motion-to-recognise-same-sex-marriage/|access-date=26 July 2015|website=PinkNews|date=13 March 2015}}</ref><ref>{{cite web|title=Texts adopted - Thursday, 12 March 2015 - Annual report on human rights and democracy in the world 2013 and the EU policy on the matter - P8_TA-PROV(2015)0076|url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2015-0076+0+DOC+XML+V0//EN&language=EN|access-date=26 July 2015}}</ref><ref>{{cite web|title=Annual report on human rights and democracy in the world 2013 and the EU policy on the matter|url=http://www.votewatch.eu/en/term8-annual-report-on-human-rights-and-democracy-in-the-world-2013-and-the-eu-policy-on-the-matter-motion-8.html|access-date=26 July 2015}}</ref> In 2018, the ] ruled that all signatory countries must allow same-sex marriage. | |||
| ]s are being considered in a number of countries, including ],<ref>{{Cite web|url=https://www.euractiv.com/section/politics/news/kosovo-promises-to-introduce-same-sex-unions-in-may/|title=Kosovo promises to introduce same-sex unions in May|first1=Alice|last1=Taylor|first2=Nick|last2=Alipour|date=26 April 2024|website=www.euractiv.com}}</ref> ],<ref>{{Cite news |date=23 October 2021 |title=Presentan proyecto de ley sobre el matrimonio igualitario entre personas del mismo sexo |newspaper=El Comercio |url=https://elcomercio.pe/politica/congreso/congreso-de-la-republica-presentan-proyecto-de-ley-sobre-el-matrimonio-igualitario-entre-personas-del-mismo-sexo-juntos-por-el-peru-somos-peru-partido-morado-nndc-noticia/?ref=ecr |access-date=2022-06-28 |publisher=elcomercio.pe}}</ref> ],<ref>{{Cite web|title=Padilla wants same-sex unions institutionalized |url=https://www.gmanetwork.com/news/topstories/nation/841251/padilla-wants-same-sex-unions-institutionalized/story/ |first=Hana|last=Bordey|website=GMA News Online|date=11 August 2022}}</ref> and ].<ref></ref> | |||
| On 12 March 2015, the ] passed a non-binding resolution encouraging EU institutions and member states to " on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".<ref>{{Cite web |last=Duffy |first=Nick |date=13 March 2015 |title=UKIP and Tories abstain on EU motion to recognise same-sex marriage |url=http://www.pinknews.co.uk/2015/03/13/ukip-and-tories-abstain-on-eu-motion-to-recognise-same-sex-marriage/ |url-status=live |archive-url=https://web.archive.org/web/20150809064225/http://www.pinknews.co.uk/2015/03/13/ukip-and-tories-abstain-on-eu-motion-to-recognise-same-sex-marriage/ |archive-date=9 August 2015 |access-date=26 July 2015 |website=PinkNews}}</ref><ref>{{Cite web |title=Texts adopted – Thursday, 12 March 2015 – Annual report on human rights and democracy in the world 2013 and the EU policy on the matter |url=http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2015-0076+0+DOC+XML+V0//EN&language=EN |url-status=live |archive-url=https://web.archive.org/web/20150807122729/http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2F%2FEP%2F%2FTEXT+TA+P8-TA-2015-0076+0+DOC+XML+V0%2F%2FEN&language=EN |archive-date=7 August 2015 |access-date=26 July 2015 |publisher=European Parliament}}</ref> | |||
| In response to the international spread of same-sex marriage, a number of countries have enacted preventative ], with the most recent being ] in |
In response to the international spread of same-sex marriage, a number of countries have enacted preventative ], with the most recent being ] in 2023, and ] in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman. | ||
| [[File:Constitutional bans on same-sex unions by country.svg|thumb|center| |
[[File:Constitutional bans on same-sex unions by country.svg|thumb|center|upright=3| | ||
| {{legend|#D40000|Same-sex marriage ] by secular constitution}} | {{legend|#D40000|Same-sex marriage ] by secular constitution}} | ||
| {{legend|#800000|Same-sex marriage banned by constitutionally mandated |
{{legend|#800000|Same-sex marriage banned by constitutionally mandated religious law}} | ||
| {{legend striped|#800000|#DCDCDC|Same-sex marriage banned for Muslims|up=yes}} | |||
| {{legend|#CCCCCC|No constitutional ban}} | {{legend|#CCCCCC|No constitutional ban}} | ||
| ]] | ]] | ||
| Line 412: | Line 445: | ||
| ==== European Court of Human Rights ==== | ==== European Court of Human Rights ==== | ||
| In 2010, the ] (ECHR) ruled in '']'', a case involving an Austrian same-sex couple who were denied the right to marry.<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA">{{ |
In 2010, the ] (ECHR) ruled in '']'', a case involving an Austrian same-sex couple who were denied the right to marry.<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA">{{Cite web |title=HUDOC – European Court of Human Rights |url=http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-99605 |url-status=live |archive-url=https://web.archive.org/web/20150911221342/http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-99605 |archive-date=11 September 2015 |access-date=26 July 2015}}</ref> The court found, by a vote of 4 to 3, that their human rights had not been violated.<ref>{{Cite news |last=Buyse |first=Antoine |date=24 June 2010 |title=Strasbourg court rules that states are not obliged to allow gay marriage |work=The Guardian |url=https://www.theguardian.com/law/2010/jun/24/european-court-of-human-rights-civil-partnerships |url-status=live |access-date=8 November 2013 |archive-url=https://web.archive.org/web/20131213205714/http://www.theguardian.com/law/2010/jun/24/european-court-of-human-rights-civil-partnerships |archive-date=13 December 2013}}</ref> The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination").<ref>{{Cite book |last=Avram |first=Marieta |title=Drept civil Familia |date=2016 |publisher=Editura Hamangiu |isbn=978-606-27-0609-8 |location=Bucharest |language=Romanian |trans-title=Civil law Family}}</ref> | ||
| {{blockquote|text=The Court acknowledged that a number of Contracting States had extended marriage to same-sex partners, but went on to say that this reflected their own vision of the role of marriage in their societies and did not flow from an interpretation of the fundamental right as laid down by the Contracting States in the Convention in 1950. The Court concluded that it fell within the State’s margin of appreciation as to how to regulate the effects of the change of gender on pre-existing marriages.|author=European Court of Human Rights, Schalk and Kopf v Austria<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA"/>}} | |||
| ] states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right",<ref>{{Cite web |title=European Convention on Human Rights |url=http://www.echr.coe.int/Documents/Convention_ENG.pdf |url-status=dead |archive-url=https://web.archive.org/web/20140703060501/http://www.echr.coe.int/Documents/Convention_ENG.pdf |archive-date=3 July 2014 |access-date=25 July 2015 |website=ECHR.coe.int |publisher=European Court of Human Rights}}</ref> not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in ''Schalk and Kopf v Austria'' that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone".<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA" /> Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. ''Andersen v Poland''.<ref>{{cite web |url=https://hudoc.echr.coe.int/eng?i=001-218104 |website=ECHR |access-date=21 July 2022 |language=English|title=HUDOC - European Court of Human Rights }}</ref> In 2021, the court ruled in '']''—followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage.<ref>{{cite journal |last1=Palazzo |first1=Nausica |title=Fedotova and Others v. Russia : Dawn of a new era for European LGBTQ families? |journal=Maastricht Journal of European and Comparative Law |date=April 2023 |volume=30 |issue=2 |pages=216–228 |doi=10.1177/1023263X231195455|s2cid=261655476 }}</ref> | |||
| British Judge Sir ], then head of the European Court of Human Rights, delivered a speech in 2012 that signaled the court was ready to declare same-sex marriage a "human right", as soon as enough countries fell into line.<ref>{{cite news|last=Booker|first=Christopher|date=9 February 2013|title=Gay marriage: the French connection|newspaper=The Telegraph|location=London|url=https://www.telegraph.co.uk/comment/columnists/christopherbooker/9859036/Gay-marriage-the-French-connection.html|access-date=8 November 2013}}</ref><ref>{{cite web|last=Clarke|first=Jamie|date=6 June 2013|title=Gay marriage politically, rather than ethically motivated|url=http://www.sosogay.co.uk/2013/gay-marriage-politically-rather-than-ethically-motivated|url-status=dead|archive-url=https://web.archive.org/web/20131006084549/http://sosogay.co.uk/2013/gay-marriage-politically-rather-than-ethically-motivated|archive-date=6 October 2013|access-date=8 November 2013|website=So So Gay|publisher=So So Gay Ltd}}</ref><ref>{{cite web|year=2013|title=Sir Nicholas Bratza|url=http://www.pcc.org.uk/news/index.html?article=ODYzMQ==|url-status=dead|archive-url=https://archive.today/20131108001904/http://www.pcc.org.uk/news/index.html?article=ODYzMQ==|archive-date=8 November 2013|access-date=8 November 2013|website=Press Complaints Commission|publisher=Press Complaints Commission}}</ref> | |||
| ] states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right",<ref>{{cite web|title=European Convention on Human Rights|url=http://www.echr.coe.int/Documents/Convention_ENG.pdf|url-status=dead|archive-url=https://web.archive.org/web/20140703060501/http://www.echr.coe.int/Documents/Convention_ENG.pdf|archive-date=3 July 2014|access-date=25 July 2015|website=ECHR.coe.int|publisher=European Court of Human Rights}}</ref> not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in ''Schalk and Kopf v Austria'' that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone".<ref name="CASE OF SCHALK AND KOPF v. AUSTRIA"/> | |||
| ==== European Union ==== | ==== European Union ==== | ||
| {{further|Coman and Others v General Inspectorate for Immigration and Ministry of the Interior}} | {{further|Coman and Others v General Inspectorate for Immigration and Ministry of the Interior}} | ||
| On 5 June 2018, the ] ruled, in a case from ], that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage.<ref> |
On 5 June 2018, the ] ruled, in a case from ], that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage.<ref>{{Cite web |title=EU court backs residency rights for gay couple in Romania |url=https://apnews.com/561b1bb4ecff48b598eb1c2c20db2735 |url-status=live |archive-url=https://web.archive.org/web/20180612142617/https://apnews.com/561b1bb4ecff48b598eb1c2c20db2735 |archive-date=12 June 2018 |access-date=6 June 2018 |website=]|date=5 June 2018 }}</ref><ref>{{Cite news |date=5 June 2018 |title=Same-sex spouses have EU residence rights, top court rules – BBC |work=BBC News |url=https://www.bbc.com/news/world-europe-44366898 |url-status=live |access-date=6 June 2018 |archive-url=https://web.archive.org/web/20190508223531/https://www.bbc.com/news/world-europe-44366898 |archive-date=8 May 2019}}</ref> However, the ruling was not implemented in Romania and on 14 September 2021 the ] passed a resolution calling on the ] to ensure that the ruling is respected across the EU.<ref>{{Cite web |title=Texts adopted – LGBTIQ rights in the EU – Tuesday, 14 September 2021 |url=https://www.europarl.europa.eu/doceo/document/TA-9-2021-0366_EN.html |url-status=live |archive-url=https://web.archive.org/web/20210916211040/https://www.europarl.europa.eu/doceo/document/TA-9-2021-0366_EN.html |archive-date=16 September 2021 |access-date=16 September 2021 |website=European Parliament |language=en}}</ref><ref>{{Cite news |date=14 September 2021 |title=MEPs condemn failure to respect rights of same-sex partners in EU |language=en |work=The Guardian |url=https://www.theguardian.com/world/2021/sep/14/meps-condemn-failure-respect-rights-same-sex-partners-eu |url-status=live |access-date=16 September 2021 |archive-url=https://web.archive.org/web/20210914132153/https://www.theguardian.com/world/2021/sep/14/meps-condemn-failure-respect-rights-same-sex-partners-eu |archive-date=14 September 2021}}</ref> | ||
| ==== Inter-American Court of Human Rights ==== | ==== Inter-American Court of Human Rights ==== | ||
| ] | |||
| On 8 January 2018, the ] (IACHR) ruled that the ] mandates and requires the legal recognition of same-sex marriage. The landmark ruling was fully binding on ] and set binding precedent in the other signatory countries. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. The ruling applies to ], ], Chile, Costa Rica, the ], ], ], ], ], ], ], ], ], ], ] and ]. | |||
| On 8 January 2018, the ] (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as ]s) instead of same-sex marriage.<ref>{{Cite web |date=25 January 2018 |title=Major Advance for Marriage Equality and Gender Identity Rights in Latin America |work=San Francisco Bay Times |url=http://sfbaytimes.com/major-advance-marriage-equality-gender-identity-rights-latin-america/ |url-status=live |archive-url=https://web.archive.org/web/20180129141726/http://sfbaytimes.com/major-advance-marriage-equality-gender-identity-rights-latin-america/ |archive-date=29 January 2018 |access-date=13 April 2018 |publisher=Sfbaytimes.com}}</ref> | |||
| The Court said that governments "must recognize and guarantee all the rights that are derived from a family bond between people of the same sex". They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as ]s) instead of same-sex marriage. The Court demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination". Recognizing the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, it recommended that governments pass temporary decrees until new legislation is brought in.<ref>{{cite web|date=25 January 2018|title="Major Advance for Marriage Equality and Gender Identity Rights in Latin America". ''San Francisco Bay Times'', 2018 January 29|url=http://sfbaytimes.com/major-advance-marriage-equality-gender-identity-rights-latin-america/|access-date=13 April 2018|publisher=Sfbaytimes.com}}</ref> | |||
| The ruling has directly led to the legal recognition of same-sex marriage in Costa Rica and Ecuador. In the wake of the ruling, lawsuits regarding same-sex marriage have also been filed in Bolivia, Honduras,<ref></ref> Panama,<ref></ref> Paraguay (to recognize marriages performed abroad),<ref>{{cite news|date=12 January 2018|title=LGTBI anuncia presión a Corte para aceptar unión igualitaria y habrá 'guerra'|publisher=Hoy (Paraguay)|url=http://www.hoy.com.py/nacionales/lgtbi-anuncia-presin-a-corte-para-aceptar-unin-igualitaria-y-habr-guerra|access-date=14 January 2018}}</ref> and Peru,<ref></ref> all of which are under the jurisdiction of the IACHR. | |||
| === Legal recognition === | |||
| ====Argentina==== | |||
| {{Main|Same-sex marriage in Argentina}} | |||
| ]]] | |||
| On 15 July 2010, the ] approved a bill extending marriage rights to same-sex couples. The law came into effect on 22 July 2010 upon promulgation by the Argentine President.<ref>{{cite web|title=Cristina Kirchner signs bill legalizing same-sex couples' marriage|url=http://en.mercopress.com/2010/07/22/cristina-kirchner-signs-bill-legalizing-same-sex-couples-marriage|website=mercopress.com}}</ref> Argentina thus became the first country in ] and the tenth in the world to legally recognize same-sex marriage. Polls showed that nearly 70% of Argentines supported giving gay people the same marital rights as heterosexuals.<ref>{{cite news|url=https://www.nytimes.com/2010/07/14/world/americas/14argentina.html|work=The New York Times|title=Argentina Senate to Vote on Gay Marriage|first=Alexei|last=Barrionuevo|date=13 July 2010}}</ref> | |||
| ====Australia==== | |||
| {{Main|Same-sex marriage in Australia}} | |||
| Australia became the second nation in ] to legally recognize same-sex marriage when the ] passed a bill on 7 December 2017.<ref>{{cite web|url=http://www.abc.net.au/news/2017-12-07/same-sex-marriage-bill-passes-house-of-representatives/9235560|title=Same-sex marriage bill passes House of Representatives, paving way for first gay weddings|website=ABC News|date=7 December 2017}}</ref> The bill received ] on 8 December, and took effect on 9 December 2017.<ref>{{cite web|url=http://www.abc.net.au/news/2017-12-08/same-sex-marriage-legal-after-gg-approval/9239334|title=Same-sex marriage signed into law by Governor-General, first weddings to happen from January 9|website=ABC News|date=8 December 2017}}</ref><ref name=Ausleg>{{cite web|url=https://www.legislation.gov.au/Details/C2017A00129|title=Marriage Amendment (Definition and Religious Freedoms) Act 2017|date=9 December 2017|website=Federal Register of Legislation}}</ref> The law removed the ban on same-sex marriage that previously existed and followed a ] held from 12 September to 7 November 2017, which returned a 61.6% ''Yes'' vote for same-sex marriage.<ref>{{Cite news|url=https://www.theguardian.com/australia-news/2017/nov/15/australia-says-yes-to-same-sex-marriage-in-historic-postal-survey|title=Australia says yes to same-sex marriage in historic postal survey|date=15 November 2017|journal=The Guardian|last1=Karp|first1=Paul}}</ref> The same legislation provided for same-sex marriage in all of Australia's ].<ref name=Ausleg/> | |||
| ====Austria==== | |||
| {{Main|Same-sex marriage in Austria}} | |||
| Since 1 January 2010, same-sex couples have been allowed to enter registered partnerships (''Eingetragene Partnerschaft'').<ref>{{cite web|url=https://www.bmeia.gv.at/en/austrian-embassy-london/service-for-citizens/civil-status-family/registered-civil-partnerships/|title=Registered (civil) partnerships – Österreichische Botschaft London|first=Außenministerium der Republik|last=Österreich|website=www.bmeia.gv.at}}</ref> | |||
| In December 2015, the Vienna Administrative Court dismissed a case challenging the same-sex marriage ban. The plaintiffs appealed to the Constitutional Court, which struck down the ban on same-sex marriage as ] on 5 December 2017, with effect from 1 January 2019. The Court also decided that ]s will be open for both same-sex and different-sex couples from that date onwards.<ref>{{Cite news|url=https://www.vfgh.gv.at/downloads/VfGH_G_258-2017_Press_release_same-sex_marriage.pdf|title=Press release from the Austrian constitution court|date=5 December 2017|work=Distinction between marriage and registered partnership violates ban on discrimination}}</ref><ref name="Deutsche Welle">{{cite news|url=http://www.dw.com/en/gay-marriage-in-austria-approved-by-constitutional-court/a-41654156|title=Gay marriage in Austria approved by Constitutional Court|work=]|date=5 December 2017|access-date=5 December 2017}}</ref> | |||
| ====Belgium==== | |||
| {{Main|Same-sex marriage in Belgium}} | |||
| ], Willy Demeyer, officiating at the wedding of a gay couple]] | |||
| Belgium became the second country in the world to legally recognize same-sex marriages when a bill passed by the ] took effect on 1 June 2003.<ref>{{cite news|url=http://www.upi.com/Business_News/Security-Industry/2003/01/31/Belgium-legalizes-gay-marriage/UPI-46741044012415/|title=Belgium legalizes gay marriage|publisher=UPI|date=31 January 2003}}</ref> Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions, however legislation enacted in October 2004 permits any couple to marry if at least one of the spouses has lived in the country for a minimum of three months. A 2006 statute legalized ].<ref>{{cite news|url=http://www.euronews.net/2005/12/02/belgium-moves-to-allow-gay-adoption/|title=Belgium moves to allow gay adoption|publisher=Euronews|date=2 December 2005}}</ref> | |||
| ====Brazil==== | |||
| {{Main|Same-sex marriage in Brazil}} | |||
| {{Same-sex marriage map South America|align=left}} | |||
| On 14 May 2013, the Justice's ] legally recognized same-sex marriage in the entire country in a 14–1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil union into a marriage, if the couple wish so. The ruling was published on 15 May and took effect on 16 May 2013. | |||
| ] ruled in May 2011 that same-sex couples are legally entitled to legal recognition of stable unions (known as {{lang|pt|união estável}}), one of the two possible family entities in Brazilian legislation. It includes almost all of the rights available to married couples in Brazil.<ref>{{cite news|title=Brazil's supreme court recognizes gay partnerships|url=https://www.reuters.com/article/us-brazil-gayrights-idUSTRE74503V20110506|access-date=16 February 2012|work=Reuters|date=5 May 2011|archive-date=24 October 2011|archive-url=https://web.archive.org/web/20111024123240/http://www.reuters.com/article/2011/05/06/us-brazil-gayrights-idUSTRE74503V20110506|url-status=live}}</ref> | |||
| Between mid-2011 and May 2013, same-sex couples had their cohabitation issues converted into marriages in several Brazil states with the approval of a state judge. All legal Brazilian marriages were always recognized all over Brazil.<ref name="WPost">{{cite news|url=https://www.washingtonpost.com/world/americas/brazil-judge-approves-what-appears-to-be-countrys-first-gay-marriage-between-2-men/2011/06/27/AGYN2znH_story.html|title=Brazilian judge gives male couple approval for what court says is country's first gay marriage|date=27 June 2011|work=The Washington Post|archive-url=https://web.archive.org/web/20160911044643/https://www.washingtonpost.com/world/americas/brazil-judge-approves-what-appears-to-be-countrys-first-gay-marriage-between-2-men/2011/06/27/AGYN2znH_story.html|archive-date=11 September 2016|url-status=dead}}</ref> This decision paved the way for future legislation on same-sex matrimonial rights. Before the nationwide legislation, the states of ], ], ], ], the ], ], ], ], ], ], ], ], and ], as well as the city of ] (MG), had already allowed same-sex marriages and several unions were converted into full ]s by state judges. In ], same-sex couples could also marry but only if local judges agreed with their request. | |||
| In March 2013, polls suggested that 47% of Brazilians supported marriage equalization and 57% supported adoption equalization for same-sex couples.<ref> {{Webarchive|url=https://web.archive.org/web/20130926082310/http://portugues.christianpost.com/news/quase-metade-dos-internautas-brasileiros-aprova-o-casamento-gay-15398/ |date=26 September 2013 }}, christianpost.com; accessed 5 July 2017. {{in lang|pt}}</ref> | |||
| ====Canada==== | |||
| {{Main|Same-sex marriage in Canada}} | |||
| Legal recognition of same-sex marriage in Canada followed a series of constitutional challenges based on the ] of the ]. In the first such case, '']'', same-sex marriage ceremonies performed in ] on 14 January 2001 were subsequently validated when the ], mixed-sex definition of marriage was held to be unconstitutional. Similar rulings had already legally recognized same-sex marriage in eight provinces and one territory when the ''2005 ]'' defined marriage throughout Canada as "the lawful union of two persons to the exclusion of all others". | |||
| ====Colombia==== | |||
| {{Main|Same-sex marriage in Colombia}} | |||
| In February 2007, a series of rulings by the ] meant that same-sex couples could apply for all the rights that heterosexual couples have in ''de facto marital unions'' (''uniones maritales de hecho'').<ref name="2009 ruling">{{cite web|url=http://english.corteconstitucional.gov.co/sentences/C-029-2009.pdf|title=Decision C-029 of 2009|access-date=7 July 2017}}</ref><ref>, Pink News, 30 January 2009</ref> | |||
| On 26 July 2011, the Constitutional Court of Colombia ordered the Congress to pass legislation giving same-sex couples similar rights to marriage by 20 June 2013. If such a law were not passed by then, same-sex couples would be granted these rights automatically.<ref>{{cite web|url=http://english.corteconstitucional.gov.co/sentences/C-577-2011.pdf|title=DECISION C-577/11 The homosexuals have the right to form a family|access-date=7 July 2017|archive-url=https://web.archive.org/web/20190429010946/http://english.corteconstitucional.gov.co/sentences/C-577-2011.pdf|archive-date=29 April 2019|url-status=dead}}</ref><ref>{{cite news|url=http://edition.cnn.com/2011/WORLD/americas/07/27/colombia.gay.marriage/|work=CNN| title=Colombian court says Congress must decide on gay marriage|date=27 July 2011}}</ref> | |||
| Congress failed to pass same-sex marriage legislation, but the civil registries did not begin issuing marriage licenses to same-sex couples after the deadline.<ref>{{cite news |url=http://uk.reuters.com/article/uk-colombia-gaymarriage-idUKBRE93N1EJ20130424|work=Reuters |title=Colombia lawmakers reject controversial gay marriage bill | date=24 April 2013}}</ref> | |||
| On 24 July 2013, a civil court judge in ] declared a same-sex couple legally married, after a ruling on 11 July 2013 accepting the petition. This was the first same-sex couple married in Colombia.<ref>{{in lang|es}} {{Webarchive|url=https://archive.today/20130713025006/http://www.caracol.com.co/judiciales/juez-aplica-norma-del-matrimonio-civil-a-pareja-gay-y-cita-a-contrayentes-con-dos-testigos/20131107/nota/1931472.aspx |date=13 July 2013 }}. Retrieved 12 July 2013.</ref><ref>{{cite web|url=http://www.rcnradio.com/noticias/jueza-toma-decision-historica-declara-civilmente-casados-primera-pareja-gay-79665 |title=Carlos y Gonzalo, la primera pareja gay "civilmente casada", pero sin matrimonio |language=es |publisher=RCN Radio |date=24 July 2013 |access-date=5 April 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140407093356/http://www.rcnradio.com/noticias/jueza-toma-decision-historica-declara-civilmente-casados-primera-pareja-gay-79665 |archive-date=7 April 2014 }}</ref> | |||
| In September 2013, two civil court judges married two same-sex couples.<ref>{{cite web|first=Andrew |last=Potts |url=http://www.gaystarnews.com/article/judges-allow-first-same-sex-marriages-colombia011013 |title=Judges allow first same-sex marriages in Colombia |publisher=Gay Star News |date=1 October 2013 |access-date=5 April 2014}}</ref> The first marriage was challenged by a conservative group, and it was initially annulled. Nevertheless, in October, a High Court (Tribunal Supremo de Bogotá) maintained the validity of that marriage.<ref>{{cite web|url=http://www.eltiempo.com/justicia/tribunal-superior-de-bogota-rechaza-tutela-contra-matrimonio-gay_13142227-4 |title=Rechazan tutela que tumbaba primer matrimonio gay en el país |publisher=Eltiempo.Com |date=24 October 2013 |access-date=5 April 2014}}</ref><ref>{{cite web|url=http://www.cmi.com.co/?n=118476 |title=CM& la noticia |access-date=26 July 2015 |url-status=dead |archive-url=https://web.archive.org/web/20151016144837/http://www.cmi.com.co/?n=118476 |archive-date=16 October 2015 }}</ref> | |||
| On 28 April 2016, the legal uncertainty around same-sex unions was resolved when the Constitutional Court ruled that same-sex couples are allowed to enter into civil marriages in the country and that judges and notaries are barred from refusing to perform same-sex weddings.<ref name="April 28, 2016 ruling">{{cite web|url=http://www.eltiempo.com/politica/justicia/matrimonio-gay-corte-constitucional-le-daria-el-si-definitivo/16575865|title=Corte Constitucional da el sí definitivo y avala el matrimonio gay - Justicia - El Tiempo|first=Casa Editorial El|last=Tiempo|website=eltiempo.com|date=28 April 2016}}</ref><ref>{{cite web|url=http://www.dw.com/en/colombia-legalizes-same-sex-marriage/a-19223822|title=Colombia legalizes same-sex marriage|website=Deutsche Welle|date=28 April 2016}}</ref><ref>{{cite web|url=http://www.wradio.com.co/noticias/actualidad/corte-legaliza-el-matrimonio-entre-parejas-del-mismo-sexo/20160428/nota/3119179.aspx|title=Corte legaliza el matrimonio entre parejas del mismo sexo|date=28 April 2016|website=W Radio}}</ref> | |||
| ====Costa Rica==== | |||
| {{Same-sex marriage map Central America}} | |||
| {{main|Same-sex marriage in Costa Rica}} | |||
| On 10 February 2016, the ] announced it would hear a case seeking to legally recognize same-sex marriage in Costa Rica and declare the country's same-sex marriage ban unconstitutional.<ref>{{cite web|url=http://www.ameliarueda.com/nota/sala-estudio-recursos-de-inconsticuionalidad-prohibicion-matrimonio-gay|title=Sala IV admite para estudio 2 recursos de inconstitucionalidad contra prohibición de matrimonio gay - AmeliaRueda.com|website=ameliarueda.com}}</ref> | |||
| In January 2018, the ] (IACHR) issued an Advisory Opinion (AO 24/17) regarding issues related to sexual orientation and gender identity, stating that the ] includes the recognition of same-sex marriage, in a case brought by the government of Costa Rica. | |||
| In the ], the IACHR ruling on same-sex marriage became a prominent issue. ], who supports LGBT rights and favors the implementation of the ruling, won the election with 60.7% of the vote, defeating by wide margin ], a vocal opponent of LGBT rights who was against the implementation of the ruling. On 8 August 2018, the ] ruled that the prohibition of same-sex marriage in the Family Code is unconstitutional, giving Congress 18 months to reform the law or the prohibition will be automatically lifted. As the Congress did not act, same-sex marriage in Costa Rica became legal on 26 May 2020 in line with the court ruling.<ref>{{cite web|url=https://www.latimes.com/world-nation/story/2020-05-25/costa-rica-latest-country-to-legalize-same-sex-marriage|title=Costa Rica is the latest country to legalize same-sex marriage|publisher=Los Angeles Time|date=26 May 2020|access-date=27 May 2020}}</ref> | |||
| ====Denmark==== | |||
| {{Main|Same-sex marriage in Denmark}} | |||
| On 25 May 1989, Denmark became the first country to legally recognize registered partnerships between same-sex couples. A registered partnership was the same as a civil marriage, but was not seen as marriage in the eyes of the church.<ref name="Sabinsky_5/24/2014">{{cite web | last=SABINSKY | first=SONJA | title=Da Danmark skrev verdenshistorie | website=Jydske Vestkysten | date=24 May 2014 | url=https://www.jv.dk/livsstil/Da-Danmark-skrev-verdenshistorie/artikel/1750195 | language=no | access-date=9 November 2018}}</ref> | |||
| On 7 June 2012, the ] (Danish Parliament) approved new laws regarding same-sex civil and religious marriage. These laws permit same-sex couples to get married in the ]. The bills received ] on 12 June and took effect on 15 June 2012.<ref>{{cite news|last=Sanners |first=Peter |title=Gay marriage legalised |url=http://cphpost.dk/news/national/updated-gay-marriage-legalised |access-date=25 September 2012 |newspaper=The Copenhagen Post |date=7 June 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120818162542/http://cphpost.dk/news/national/updated-gay-marriage-legalised |archive-date=18 August 2012 }}</ref> | |||
| On 26 May 2015, ], one of two other constituent countries in the ], unanimously passed a law recognizing same-sex marriage.<ref>{{cite web|url=http://www.inatsisartut.gl/samlingerhome/oversigt-over-samlinger/samling/dagsordener/dagsorden.aspx?day%3D26-05-2015%26dagsorden%3D29656|title=Archived copy|access-date=3 April 2016|url-status=dead|archive-url=https://web.archive.org/web/20160313091931/http://inatsisartut.gl/samlingerhome/oversigt-over-samlinger/samling/dagsordener/dagsorden.aspx?dagsorden=29656&day=26-05-2015|archive-date=13 March 2016|language=da}}</ref><ref>{{cite news|url=https://www.pinknews.co.uk/2015/05/27/parliament-in-greenland-unanimously-approves-same-sex-marriage/|title=Parliament in Greenland unanimously approves same-sex marriage|newspaper=Pink News|date=27 May 2015}}</ref> The first same-sex couple to marry in Greenland married on 1 April 2016, the day the law went into effect.<ref name="Greenland3">{{cite web|url=http://knr.gl/da/nyheder/første-homoseksuelle-par-viet-i-kirken|title=Første homoseksuelle par viet i kirken|date=1 April 2016|website=Greenlandic Broadcasting Corporation|archive-url=https://web.archive.org/web/20160402023341/http://knr.gl/da/nyheder/f%C3%B8rste-homoseksuelle-par-viet-i-kirken|archive-date=2 April 2016|url-status=dead}}</ref> | |||
| On 29 April 2016, the ], the realm's other constituent country, passed a same-sex marriage bill.<ref>{{cite web|url=http://cphpost.dk/news/faroe-islands-says-yes-to-same-sex-marriage.html|title=Faroe Islands says yes to same-sex marriage|website=The Copenhagen Post|first=Shifa|last=Rahaman|date=1 May 2016|access-date=2 May 2016|archive-url=https://web.archive.org/web/20160502022015/http://cphpost.dk/news/faroe-islands-says-yes-to-same-sex-marriage.html|archive-date=2 May 2016}}</ref> The law required ratification in the ], which provided it on 25 April 2017.<ref name=Overview101>{{cite web|url=http://www.ft.dk/samling/20161/lovforslag/L129/index.htm |title=L 129 Forslag til lov om ændring af lov for Færøerne om rettens pleje|publisher=]|date=8 February 2017|language=da|access-date=5 March 2017|archive-url=https://archive.today/20170507091032/http://www.ft.dk/samling/20161/lovforslag/L129/index.htm|archive-date=7 May 2017|url-status=dead}}</ref> The Faroese law allows civil marriages for same-sex couples and exempts the ] from being required to officiate same-sex weddings. The law took effect on 1 July 2017.<ref>{{cite web|url=http://portal.fo/nu+kunnu+samkynd+giftast.html|title=1. juli 2017: Nú kunnu samkynd giftast|date=1 July 2017|website=portal.fo|archive-date=2 July 2017|archive-url=https://web.archive.org/web/20170702004423/http://portal.fo/nu%2Bkunnu%2Bsamkynd%2Bgiftast.html|url-status=dead}}</ref> | |||
| {{Same-sex marriage map Europe|align=right|size=320px}} | |||
| ====Ecuador==== | |||
| {{main|Same-sex marriage in Ecuador}} | |||
| In May 2018, the Ecuador Supreme Court ruled, in a lesbian parenting case, that the 2018 IACHR ruling is fully binding on Ecuador and that the country must also implement the ruling in due course.<ref>{{Dead link|date=August 2019 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> In June 2018, two family judges ruled the country's same-sex marriage ban unconstitutional.<ref name="ecuador">{{Cite news|url=https://www.advocate.com/marriage-equality/2018/7/05/ecuadorian-court-rules-marriage-equality|title=Ecuadorian Court Rules for Marriage Equality|date=5 July 2018|access-date=6 July 2018}}</ref> However, the Civil Registry appealed the rulings, preventing their coming into force.<ref>{{Cite news|url=https://www.advocate.com/marriage-equality/2018/7/05/ecuadorian-court-rules-marriage-equality|title=Ecuadorian Court Rules for Marriage Equality|date=5 July 2018|access-date=6 July 2018|language=en}}</ref> | |||
| Same-sex marriage eventually took effect in Ecuador on 8 July 2019, following the Constitutional Court ruling which was made on 12 June 2019.<ref>{{cite web|url=https://cuencahighlife.com/ecuador-records-first-official-same-sex-marriages-as-court-ruling-goes-into-effect|title=Ecuador records first official same-sex marriages as court ruling goes into effect|work=CuencaHighLife|date=2019-07-09}}</ref> | |||
| ====Finland==== | |||
| {{main|Same-sex marriage in Finland}} | |||
| Same-sex ] have been legal in Finland since 2002.<ref name="Yle Uutiset"/> | |||
| In 2010, ] ] said her Ministry was preparing to amend the ''Marriage Act'' to allow same-sex marriage by 2012.<ref name="yle.fi">{{cite news|url=http://www.yle.fi/uutiset/news/2010/07/gender-neutral_marriage_law_possible_by_2012_1804013.html|title=Gender-Neutral Marriage Law Possible by 2012|work=]|access-date=1 October 2010}}</ref> On 27 February 2013, the bill was rejected by the Legal Affairs Committee of the Finnish Parliament on a vote of 9–8. A ] was launched to put the issue before the ].<ref name="McCormick">{{cite web|publisher=PinkNews.co.uk web|url=http://www.pinknews.co.uk/2013/03/01/finland-parliamentary-committee-narrowly-rejects-equal-marriage-bill|title=Finland: Parliamentary committee narrowly rejects equal marriage bill|first=Joseph Patrick|last=McCormick|date=1 March 2013|access-date=10 August 2013}}</ref> The campaign collected 166,000 signatures and the initiative was presented to the Parliament in December 2013.{{r|Finland Dec 2014}} After being rejected by the Legal Affairs Committee twice,<ref name="Finland Legal Committee 3rd">{{cite news|url=http://www.iltasanomat.fi/kotimaa/art-1288775946186.html|title=Lakivaliokunta hylkäsi tasa-arvoisen avioliittolain äänin 9-8: Näin äänestettiin|work=Iltasanomat|agency=Suomen Tietotoimisto|publisher=Sanoma News|language=fi|date=20 November 2014|access-date=10 December 2014}}</ref> it faced the first vote in the full parliament on 28 November 2014,<ref name="ReferenceB">{{cite news|url=http://yle.fi/uutiset/legal_committee_votes_against_gay_marriage/7318809|title=Legal committee votes against gay marriage|publisher=Yle|date=25 June 2014}}</ref> which passed the bill 105–92. The bill passed the second and final vote by 101–90 on 12 December 2014,<ref name="Yle Uutiset2">{{cite news|url=http://yle.fi/uutiset/second_vote_approval_of_gender-neutral_marriage_bill/7685185|title=Second vote approval of gender-neutral marriage bill|publisher=Yle|date=12 December 2014}}</ref> and was signed by the President on 20 February 2015.<ref name="Finland Dec 2014">{{cite news|url=http://www.helsinkitimes.fi/finland/finland-news/domestic/8709-initiative-for-equal-marriage-act-presented-to-parliament.html|title= Initiative for equal Marriage Act presented to Parliament|newspaper=Helsinki Times|date=13 December 2013}}</ref><ref name="Finland introdebate 2014">{{cite web|url=http://web.eduskunta.fi/Resource.phx/pubman/templates/1.htx?id=6367|title=Torstain täysitunnossa kansalaisaloite tasa-arvoisesta avioliittolaista|trans-title=Thursday's plenary session debates initiative on marriage equality|publisher=Parliament of Finland|date=20 February 2014|language=fi|access-date=20 February 2014}}</ref><ref name="Finland parl procedure">{{cite web|url=http://www.finlex.fi/fi/laki/ajantasa/2000/20000040|title=Eduskunnan työjärjestys|publisher=Ministry of Justice of Finland|language=fi|access-date=20 February 2014}}</ref> | |||
| The law took effect on 1 March 2017.<ref name="Yle Uutiset3">{{cite web|title=President signs gender-neutral marriage law|url=http://yle.fi/uutiset/president_signs_gender-neutral_marriage_law/7818157|publisher=Yle|date=20 February 2015|access-date=24 February 2015}}</ref> It was the first time a citizens' initiative had been approved by the Finnish Parliament.<ref name="Yle Uutiset">{{cite web|title=Finnish Parliament approves same-sex marriage|url=http://yle.fi/uutiset/finnish_parliament_approves_same-sex_marriage/7657759|publisher=]|date=28 November 2014|access-date=28 November 2014}}</ref> | |||
| ====France==== | |||
| {{main|Same-sex marriage in France}} | |||
| Since November 1999, France has had a ] scheme known as a ] that is open to both opposite-sex and same-sex couples.<ref>{{in lang|fr}} </ref> | |||
| The French Government introduced a bill to legally recognize same-sex marriage, '']'', in the National Assembly on 17 November 2012. It received final approval in the National Assembly in a 331–225 vote on 23 April 2013.<ref name="Same-sex marriage: France">{{cite news|title=Same-sex marriage: French parliament approves new law|url=https://www.bbc.co.uk/news/world-europe-22261494|publisher=BBC News Europe|access-date=23 April 2013|date=23 April 2013}}</ref> ''Law No.2013-404'' grants same-sex couples living in France, including foreigners provided at least one of the partners has their domicile or residence in France, the legal right to get married. The law also allows the recognition in France of same-sex couples' marriages that occurred abroad before the bill's enactment.<ref>{{cite news|last1=Lesur|first1=Lionel|title=France Allows Same-Sex Marriages|url=http://www.natlawreview.com/article/france-allows-same-sex-marriages|access-date=20 June 2013|newspaper=The National Law Review|date=13 June 2013|first2=Lisa A.|last2=Linsky|author3=McDermott Will & Emery}}</ref> | |||
| The main right-wing opposition party UMP challenged the law in the ], which had one month to rule on whether the law conformed to the Constitution. On 17 May 2013, the ] declared the bill legal in its entirety. President ] signed it into law on 18 May 2013.<ref>, ]; retrieved 17 May 2013.{{in lang|fr}}</ref> | |||
| ====Germany==== | |||
| {{main|Same-sex marriage in Germany}} | |||
| Prior to the legalization of same-sex marriage, Germany was one of the first countries to legislate ] (''Eingetragene Lebenspartnerschaft'') for same-sex couples, which provided most of the rights of marriage. The law came into effect on 1 August 2001, and the act was progressively amended on subsequent occasions to reflect ] rulings expanding the rights of registered partners. | |||
| Same-sex marriage has been legal in Germany since 1 October 2017. A bill recognizing marriages and adoption rights for same-sex couples passed the ] on 30 June 2017 after ] ] stated that she would allow her ] parliamentarians a ] on such legislation, shortly after it was made a requirement for any future coalition by the ], the ] and ].<ref>{{cite news|url=http://www.berliner-zeitung.de/politik/bundesparteitag-der-spd-schulz-macht-ehe-fuer-alle-zur-koalitionsbedingung-27856194|title=Bundesparteitag der SPD Schulz macht Ehe für alle zur Koalitionsbedingung|work=]|publisher=]|language=de|date=25 June 2017|access-date=26 June 2017|archive-url=https://web.archive.org/web/20170625220038/http://www.berliner-zeitung.de/politik/bundesparteitag-der-spd-schulz-macht-ehe-fuer-alle-zur-koalitionsbedingung-27856194|archive-date=25 June 2017}}</ref> The co-governing ] consequently forced a vote on the issue together with the opposition parties.<ref>{{Cite news|url=https://www.nytimes.com/2017/06/30/world/europe/germany-gay-marriage.html|title=Parliament in Germany Approves Same-Sex Marriage|last1=Smale|first1=Alison|date=30 June 2017|work=]|access-date=30 June 2017|last2=Shimer|first2=David|language=en-US|archive-url=https://web.archive.org/web/20170703142747/https://www.nytimes.com/2017/06/30/world/europe/germany-gay-marriage.html|archive-date=3 July 2017}}</ref> The bill was signed into law by ] ] on 20 July and came into effect on 1 October 2017.<ref>{{Cite news|url=http://uk.reuters.com/article/uk-germany-equalmarriage/germanys-first-same-sex-i-dos-as-marriage-equality-dawns-idUKKCN1C50TA|title=Germany's first same-sex "I do"'s as marriage equality dawns|journal=Reuters|date=1 October 2017}}</ref> | |||
| ====Iceland==== | |||
| {{Main|Same-sex marriage in Iceland}} | |||
| Same-sex marriage was introduced in Iceland through legislation establishing a gender-neutral definition of marriage introduced by the Coalition Government of the ] and ]. The legislation was passed unanimously by the Icelandic ] on 11 June 2010, and took effect on 27 June 2010, replacing an earlier system of registered partnerships for same-sex couples.<ref>{{cite news|url=https://www.reuters.com/article/idUSTRE65A3V020100611|title=Iceland passes gay marriage law in unanimous vote|work=Reuters|date= 11 June 2010|access-date=16 July 2010}}</ref><ref>{{cite news|url=http://www.icenews.is/index.php/2010/06/28/new-gay-marriage-law-in-iceland-comes-into-force/|title=New gay marriage law in Iceland comes into force|work=Icenews|date= 28 June 2010|access-date=16 July 2010}}</ref> Prime Minister ] and her partner were among the first married same-sex couples in the country.<ref>{{cite news|url=https://www.telegraph.co.uk/news/worldnews/europe/iceland/7858150/Iceland-PM-weds-as-gay-marriage-legalised.html|location=London|work=The Daily Telegraph|title=Iceland PM weds as gay marriage legalised|date=28 June 2010}}</ref> | |||
| ====Ireland==== | |||
| {{Main|Same-sex marriage in the Republic of Ireland}} | |||
| ] | |||
| Prior to the legalization of same-sex marriage, the ''Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010'' allowed same sex couples to enter civil partnerships. The Act came into force on 1 January 2011 and gave same-sex couples rights and responsibilities similar to, but not equal to, those of civil marriage.<ref>{{cite news|url=https://www.irishtimes.com/news/partnership-laws-come-into-force-1.869456 |title=Partnership laws come into force |newspaper=The Irish Times |date=1 January 2011}}</ref> | |||
| On 22 May 2015, Ireland held a ] that proposed to add to the ]: "marriage may be contracted in accordance with law by two persons without distinction as to their sex." The proposal was approved with 62% of voters supporting same-sex marriage. On 29 August 2015, Irish President ] signed the result of the May referendum into law,<ref>{{cite web|url=https://www.irishtimes.com/news/social-affairs/president-signs-same-sex-marriage-into-constitution-1.2333882|title=President signs same-sex marriage into Constitution|date=29 August 2015|website=The Irish Times|access-date=22 September 2015}}</ref> which made Ireland the first country in the world to approve same-sex marriage at a nationwide referendum.<ref>{{Cite journal|url=http://www.rte.ie/news/vote2015/2015/0523/703205-referendum-byelection/|title=Ireland says Yes to same-sex marriage|journal=RTÉ.ie|date=23 May 2015}}</ref> Same-sex marriage became formally legally recognized in Ireland on 16 November 2015.<ref name="legal123">{{Cite news|url=https://www.bbc.com/news/world-europe-34810598|title=Same-sex marriage is now legal in Republic of Ireland|journal=BBC News|date=16 November 2015}}</ref> | |||
| ====Luxembourg==== | |||
| {{main|Same-sex marriage in Luxembourg}} | |||
| The Parliament approved a bill to legally recognize same-sex marriage on 18 June 2014.<ref>{{cite web|url=http://www.chd.lu/wps/portal/public/!ut/p/b1/rZFba4NAEIV_UdnZ0ej66GU1a82W1c1FX4KWEhJNLKTUuL--WygUAiUvnXk4DHznnIchDanRQbbAwKNkR5pL-3k8tB_H8dIO33fj7RNMNqVwETJfuYA5z_11JR2WeBaoLYCMVWUWrngQrCMQENOKqwhB4CP_ltTRTwj8MSE8Cqkt4P8CrIgYoAzDyl8KB5IF0WQH7r46ze_C9KY8GTVJI2bJGaU9oO46JTV3dJBaucbX-qb7EVeFMtqkBX29wSZVGZt4MtyXZYXwAVN4iZ6pAsjov5blpDkMY2c_sY2JXI7nN3JuhmJ-au120xfIHKbP/dl4/d5/L2dBISEvZ0FBIS9nQSEh|title=Feu vert pour le mariage gay au Luxembourg|publisher=Chamber of Deputies (Luxembourg)|date=18 June 2014|access-date=18 June 2014}}</ref> The law was published in the official gazette on 17 July and took effect on 1 January 2015.<ref>{{in lang|fr}} {{Webarchive|url=https://web.archive.org/web/20160916105733/http://www.legilux.public.lu/leg/a/archives/2014/0125/a125.pdf |date=16 September 2016 }}</ref><ref>{{cite web|url=http://www.wort.lu/en/politics/save-the-date-same-sex-marriages-from-january-1-53c77b26b9b398870804667d|title=Luxemburger Wort|website=Wort.lu|access-date=26 July 2015}}</ref><ref>{{cite web|url=http://www.chronicle.lu/categoriesluxembourgathome/item/7947-same-sex-marriage-in-luxembourg-from-1-january-2015|title=Chronicle.lu|access-date=26 July 2015}}</ref> On 15 May 2015, Prime Minister ] married Gauthier Destenay, with whom he had been in a civil partnership since 2010. Luxembourg thus became the first country in the European Union to have a prime minister who is in a same-sex marriage, and the second one in Europe. | |||
| ====Malta==== | |||
| {{Main|Same-sex marriage in Malta}} | |||
| Malta has recognized same-sex unions since April 2014, following the enactment of the ''Civil Unions Act'', first introduced in September 2013. It established civil unions with same rights, responsibilities, and obligations as marriage, including the right of joint adoption and recognition of foreign same-sex marriage.<ref name="tvm.com.mt">{{cite web|url=http://www.tvm.com.mt/news/aggornat-ryan-u-jamie-jirregistraw-l-ewwel-zwieg-gay-fmalta|title=Aġġornat: Ryan u Jaime jirreġistraw l-ewwel żwieġ gay f'Malta - TVM|website=TVM|access-date=26 July 2015}}</ref> The ] gave final approval to the legislation on 14 April 2014 by a vote of 37 in favor and 30 abstentions. President ] signed it into law on 16 April. The first foreign same-sex marriage was registered on 29 April 2014 and the first civil union was performed on 14 June 2014.<ref name="tvm.com.mt"/> | |||
| On 21 February 2017, Minister for Social Dialogue, Consumer Affairs, and Civil Liberties ] said that she was preparing a bill to legally recognize same-sex marriage.<ref>, timesofmalta.com; accessed 5 July 2017.</ref> The bill was presented to Parliament on 5 July 2017.<ref>, timesofmalta.com; accessed 5 July 2017.</ref> The bill's last reading took place in Parliament on 12 July 2017, where it was approved 66–1. It was signed into law and published in the Government Gazette on 1 August 2017.<ref>{{cite web|url=https://gov.mt/en/Government/Government%20Gazette/Documents/2017/08/Government%20Gazette%20-%201st%20August.pdf|title=Government Gazette - 1 August 2017}}</ref> Malta became the 14th country in Europe to legally recognize same-sex marriage.<ref>{{cite news|last=Borg|first=Bertrand|date=10 July 2017|url=https://www.timesofmalta.com/articles/view/20170710/local/valletta-prepares-for-silent-protest-celebrations-as-marriage-bill.652960|title=Valletta prepares for silent protest, celebrations as marriage bill nears finish line|work=Times of Malta}}</ref><ref>{{cite news|title=Dirett: Jiccelebraw il-vot favur il-ligi taz-zwieg indaqs fi Piazza Kastilja|url=http://www.tvm.com.mt/mt/news/dirett-jiccelebraw-il-vot-favur-il-ligi-taz-zwieg-indaqs-fi-pjazza-kastilja/|work=Television Malta|date=12 July 2017}}</ref> | |||
| ====Mexico==== | |||
| {{Main|Same-sex marriage in Mexico}} | |||
| {{Same-sex marriage in Mexico|230px}} | |||
| Same-sex couples can marry in ] and in the states of ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ], ] and ] as well as in some municipalities in ] and ]. In individual cases, same-sex couples have been given judicial approval to marry in all other states. Since August 2010, same-sex marriages performed within Mexico are recognized by the 31 states without exception. On 18 December 2019, the ruling party, Morena, introduced a constitutional amendment that would legally recognize marriage at the federal level and require all states to adjust their laws correspondingly.<ref>{{Cite web|url=https://www.elsiglodetorreon.com.mx/noticia/1653990.propone-morena-reforma-para-garantizar-matrimonio-igualitario-en-mexico.html|title = Propone Morena reforma para garantizar matrimonio igualitario en México}}</ref> | |||
| On 21 December 2009, the ] of ] (formerly the Federal District of Mexico City) legally recognized same-sex marriages and ]. The law was enacted eight days later and became effective in early March 2010.<ref>{{cite news|agency=Associated Press|publisher=NBC News|title=Mexico City's gay marriage law takes effect|date=4 March 2010|url= https://www.nbcnews.com/id/35714490|access-date=6 March 2010}}</ref> On 10 August 2010, the ] ruled that while not every state must grant same-sex marriages, they must all recognize those performed where they are legal.<ref>{{cite news|url=https://www.bbc.co.uk/news/world-latin-america-10932748|work=BBC News|title=Supreme court rules gay weddings valid in all Mexico|date=10 August 2010}}</ref> | |||
| On 28 November 2011, the first two same-sex marriages occurred in ] after it was discovered that Quintana Roo's Civil Code did not explicitly prohibit same-sex marriage,<ref name="QR marriages legal">{{cite news|first=Brisa|last=Muñoz|publisher=CNN México|title=Dos matrimonios homosexuales se casaron en un municipio conservador|date=2 December 2011|url=http://mexico.cnn.com/nacional/2011/12/02/los-matrimonios-del-mismo-sexo-despiertan-polemica-en-quintana-roo|language=es|access-date=2 January 2012|url-status=dead|archive-url=https://web.archive.org/web/20120106064114/http://mexico.cnn.com/nacional/2011/12/02/los-matrimonios-del-mismo-sexo-despiertan-polemica-en-quintana-roo|archive-date=6 January 2012}}</ref> but these marriages were later annulled by the ] in April 2012.<ref name="QR marriages annulled">{{cite web|url=http://www.proceso.com.mx/?p=304595|website=]|publisher=Comunicación e Información, S.A. de C.V|title=Anula gobernador de Quintana Roo dos bodas gay; lo acusan de homofóbico|language=es|date=17 April 2012|access-date=20 April 2012|first=Rosa|last=Santana}}</ref> In May 2012, the Secretary of State of Quintana Roo reversed the annulments and allowed for future same-sex marriages to be performed in the state.<ref name="QR marriages reinstated">{{cite news|url=http://www.eluniversal.com.mx/notas/845171.html|language=es|title=Revocan anulación de bodas gay en QRoo|first=Adriana|last=Varillas|work=]|date=3 May 2012|access-date=13 June 2012}}</ref> | |||
| On 11 February 2014, the Congress of ] approved adoptions by same-sex couples. A bill recognizing same-sex marriages passed on 1 September 2014, making Coahuila the first state (and second jurisdiction after Mexico City) to reform its Civil Code to allow for legal same-sex marriages.<ref>{{cite news|title=Aprueban matrimonios gay en Coahuila|date=1 September 2014|url=http://www.vanguardia.com.mx/apruebanmatrimoniosgayencoahuila-2155742.html|publisher=Vangardia.com.mx}}</ref> It took effect on 17 September, and the first couple married on 20 September.<ref>{{cite news|url=http://www.ontopmag.com/article.aspx?id=19500&MediaType=1&Category=24|title=First Gay Couple Marries In Coahuila, Mexico|date=21 September 2014|magazine=On Top Magazine}}</ref> | |||
| On 12 June 2015, the Governor of ] announced that his administration would no longer oppose same-sex marriages in the state. The order was effective immediately, thus making Chihuahua the third state to legally recognize such unions.<ref>{{citation|title=Mexico state of Chihuahua officially approves same-sex marriage|date=12 June 2015|url=http://www.gaystarnews.com/article/mexico-state-chihuahua-officially-approves-same-sex-marriage120615}}</ref><ref>{{citation|title=Mexican state to allow same-sex marriage| date=12 June 2015|url=http://www.washingtonblade.com/2015/06/12/mexican-state-to-allow-same-sex-marriage/}}</ref> | |||
| On 3 June 2015, the ] released a "jurisprudential thesis" that found state-laws defining marriage as a union between a man and a woman unconstitutional. The ruling standardized court procedures across Mexico to authorize same-sex marriages. However, the process is still lengthy and more expensive than that for an opposite-sex marriage, as the ruling did not invalidate any state laws, meaning same-sex couples will be denied the right to wed and will have to turn to the courts for individual injunctions ({{lang-es|amparo}}). However, given the nature of the ruling, judges and courts throughout Mexico must approve any application for a same-sex marriage.<ref>{{cite news|url=http://www.startribune.com/mexico-supreme-court-opens-door-to-gay-marriage-nationwide/307197801|title=Mexico supreme court says state laws limiting marriage to man and woman unconstitutional|newspaper=Minneapolis Star Tribune|date=12 June 2015|url-status=dead|archive-url=https://web.archive.org/web/20150614004959/http://www.startribune.com/mexico-supreme-court-opens-door-to-gay-marriage-nationwide/307197801|archive-date=14 June 2015}}</ref> The official release of the thesis was on 19 June 2015, which took effect on 22 June 2015.<ref>{{citation|title=Mexico avalara matrimonio gay partir lunes|date=19 June 2015|url=http://www.eluniverso.com/noticias/2015/06/19/nota/4972027/mexico-avalara-matrimonio-gay-partir-lunes|access-date=5 July 2017}}</ref> Since this ruling, a majority of states have begun allowing same-sex marriage, either through legislative change, administrative decisions, or under court orders. | |||
| ====Netherlands==== | |||
| {{Main|Same-sex marriage in the Netherlands}} | |||
| The Netherlands was the first country to extend marriage laws to include same-sex couples, following the recommendation of a special commission appointed to investigate the issue in 1995. A same-sex marriage bill passed the ] and the ] in 2000, taking effect on 1 April 2001.<ref>{{cite news|url=https://www.nytimes.com/2000/12/20/world/same-sex-dutch-couples-gain-marriage-and-adoption-rights.html|title=Same-Sex Dutch Couples Gain Marriage and Adoption Rights|work=The New York Times|date=20 December 2000|access-date=30 September 2011}}</ref> | |||
| In the ] of ], marriage is open to same-sex couples. A law enabling same-sex couples to marry in these municipalities passed and came into effect on 10 October 2012.<ref>{{cite web|access-date=18 December 2010|url=http://wetten.overheid.nl/BWBR0028129/geldigheidsdatum_18-12-2010|publisher=]| title=Aanpassingswet openbare lichamen Bonaire, Sint Eustatius en Saba|date=1 September 2010|language=nl}}</ref> The Caribbean countries ], forming the remainder of the Kingdom of the Netherlands, do not perform same-sex marriages, but must recognize those performed in the Netherlands proper. Registered partnerships have been available in Aruba since September 2021. A same-sex marriage bill is under consideration in the ].{{citation needed|date=October 2021}} | |||
| ====New Zealand==== | |||
| {{main|Same-sex marriage in New Zealand}} | |||
| {{Same-sex marriage map Oceania}} | |||
| On 14 May 2012, ] MP ] stated that she would introduce a ], the ''Marriage (Definition of Marriage) Amendment Bill'', allowing same-sex couples to marry.<ref>{{cite news|url=http://www.stuff.co.nz/national/politics/6915784/MP-drafting-gay-marriage-bill|title=MP drafting gay marriage bill|first1=John|last1=Hartevelt|first2=Dayna|last2=Levy|publisher=Fairfax media (via Stuff.co.nz)|date=14 May 2012|access-date=19 April 2013}}</ref> The bill was drawn from the ballot and passed the first and second readings on 29 August 2012 and 13 March 2013, respectively.<ref>{{cite news|title=Marriage bill passes first reading|first1=Kate|last1=Shuttleworth|first2=Audrey|last2=Young|url=http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10830345|newspaper=The New Zealand Herald|date=29 August 2012|access-date=19 April 2013}}</ref><ref>{{cite news|url=http://www.stuff.co.nz/national/politics/8422263/Passions-fly-as-MPs-vote-on-gay-marriage|publisher =Fairfax Media (via Stuff.co.nz)|title=Passions fly as MPs vote on gay marriage|first=Tracy|last=Watkins|date=14 March 2013|access-date=19 April 2013}}</ref> The bill received ] from the Governor-General on 19 April and took effect on 19 August 2013.<ref name="Radio NZ">{{cite web|url=http://www.radionz.co.nz/news/national/133170/marriage-legislation-becomes-law|title=Marriage legislation becomes law|date=19 April 2013|website=Radio New Zealand|access-date=26 July 2015}}</ref><ref>{{cite news|url=http://www.newstalkzb.co.nz/auckland/news/nbnat/2103707089-the-country-s-first-gay-marriages-will-be-held-today|publisher=Newstalk ZB|title= Gay marriage becomes a reality| date= 19 August 2013 |access-date= 19 August 2013}}</ref> | |||
| New Zealand marriage law only applies to New Zealand proper and the ] in Antarctica. New Zealand's dependent territory, ], and associated states, ] and ], have their own marriage laws and do not perform or recognize same-sex marriage.<ref>{{cite web|url=http://www.gaymarriagefactsnow.com/gay-marriage-in-new-zealand/|title=Gay Marriage in New Zealand – Gay Marriage Facts|website=www.gaymarriagefactsnow.com}}</ref> | |||
| ====Norway==== | |||
| {{Main|Same-sex marriage in Norway}} | |||
| Same-sex marriage became legal in Norway on 1 January 2009 when a gender-neutral marriage bill came into effect after being passed by the Norwegian legislature, the ], in June 2008.<ref>{{cite news|title=Norway adopts gay marriage law|url=http://afp.google.com/article/ALeqM5jko_BIHizUFFqUtmEaUrAEoPXFWw|access-date=25 September 2012|newspaper=] via ]|date=11 June 2008|url-status=dead|archive-url=https://web.archive.org/web/20120913230714/http://afp.google.com/article/ALeqM5jko_BIHizUFFqUtmEaUrAEoPXFWw |archive-date=13 September 2012 }}</ref><ref>{{cite news|url=https://www.usatoday.com/news/world/2008-06-17-gaymarriage_N.htm|title=New law in Norway grants gay couples marriage rights|work=USA Today|location =Washington DC|date=17 June 2008|access-date=30 September 2011}}</ref> Norway became the first ]n country and the sixth country in the world to legally recognize same-sex marriage. Gender-neutral marriage replaced Norway's previous system of registered partnerships for same-sex couples. Couples in registered partnerships are able to retain that status or convert their registered partnership to a marriage. No new registered partnerships may be created.<ref>{{cite web |url=http://www.aftenposten.no/english/local/article2313762.ece|title=Gays to win marriage rights|first=Nina|last=Berglund|website=Aftenposten|date=14 March 2008|archive-url=https://web.archive.org/web/20080618014019/http://www.aftenposten.no/english/local/article2313762.ece|archive-date= 18 June 2008}}</ref> | |||
| ====Portugal==== | |||
| {{Main|Same-sex marriage in Portugal}} | |||
| {{See also|De facto union in Portugal}} | |||
| Portugal created de facto unions similar to common-law marriage for cohabiting opposite-sex partners in 1999, and extended these unions to same-sex couples in 2001. However, the 2001 extension did not allow for same-sex adoption, either jointly or of stepchildren.<ref>{{cite web|url=http://www.lahistoriaconmapas.com/war-maps/Same-sex-marriage-Legal-recognition-War-Maps.htm|title=Historia con Mapas|access-date=26 July 2015}}{{dead link|date=March 2020|bot=medic}}{{cbignore|bot=medic}}</ref> | |||
| On 11 February 2010, Parliament approved a bill recognizing same-sex marriage. The Portuguese President promulgated the law on 8 April 2010 and the law was effective on 5 June 2010, making Portugal the eighth country to legally recognize nationwide same-sex marriage; however, adoption was still denied for same-sex couples.<ref>{{cite web|url=http://en.57883.com/en/wiki/people/201502/Same-sex_marriage0_en.57883.com.html|title=Same-sex marriage in Portugal|access-date=26 July 2015}}</ref> | |||
| In December 2015, the Portuguese Parliament approved a bill to allow adoption rights for same-sex couples.<ref>{{cite web|url=https://abcnews.go.com/International/wireStory/portugal-sex-adoption-artificial-insemination-35322018|title=International News: Latest Headlines, Video and Photographs from Around the World|first=ABC|last=News|website=go.com|access-date=29 December 2015|archive-url=https://web.archive.org/web/20151121020547/http://abcnews.go.com/International/wireStory/portugal-sex-adoption-artificial-insemination-35322018|archive-date=21 November 2015|url-status=dead}}</ref><ref>{{cite web|url=https://uk.news.yahoo.com/portuguese-parliament-backs-adoption-gay-couples-182121858.html|title=Portuguese parliament backs adoption by gay couples|website=yahoo.com|access-date=10 January 2019|archive-url=https://web.archive.org/web/20160102172415/https://uk.news.yahoo.com/portuguese-parliament-backs-adoption-gay-couples-182121858.html|archive-date=2 January 2016|url-status=dead}}</ref><ref>{{cite web|url=http://www.pinknews.co.uk/2015/11/20/portugal-just-equalised-its-adoption-laws-for-gay-couples|title=Portugal just equalized its adoption laws for gay couples|website=pinknews.co.uk|date=20 November 2015}}</ref> It came into effect in March 2016. | |||
| ====South Africa==== | |||
| ] | |||
| {{Main|Same-sex marriage in South Africa}} | |||
| Legal recognition of same-sex marriages in South Africa came about as a result of the ]'s decision in the case of '']''. The court ruled on 1 December 2005 that the existing marriage laws violated the ] of the '']'' because they discriminated on the basis of sexual orientation. The court gave ] one year to rectify the inequality. | |||
| The '']'' was passed by the ] on 14 November 2006, by a vote of 230 to 41. It became law on 30 November 2006. South Africa became the fifth country, the first in Africa, and the second outside Europe, to legally recognize same-sex marriage. | |||
| ====Spain==== | |||
| {{Main|Same-sex marriage in Spain}} | |||
| ] was the third country in the world to legally recognize same-sex marriage on 3 July 2005.<ref name="SPTimes">{{cite news|title=Spain approves liberal gay marriage law|newspaper=]|date=1 July 2005|url=http://www.sptimes.com/2005/07/01/Worldandnation/Spain_approves_libera.shtml|access-date=8 January 2007}}</ref><ref name=PlanOut>{{cite web|last=Giles|first=Ciaran|title=Spain: Gay marriage bill clears hurdle|publisher=Planetout.com|date=21 April 2005|url=http://www.planetout.com/news/article.html?2005/04/21/5|archive-url=https://web.archive.org/web/20071227125726/http://www.planetout.com/news/article.html?2005%2F04%2F21%2F5|archive-date=27 December 2007|access-date=22 December 2006|url-status=dead}}</ref> | |||
| In 2004, the nation's newly elected ] Government, led by ] ], began a campaign for its legalization, including the right of ].<ref name="SOD">{{cite news|title=Spain's new government to legalize gay marriage|agency=Reuters |publisher=SignonSanDiego.com|date=15 April 2004|url=http://www.signonsandiego.com/news/world/20040415-0750-spain-marriage.html|archive-url=https://web.archive.org/web/20090304003526/http://www.signonsandiego.com/news/world/20040415-0750-spain-marriage.html|archive-date=4 March 2009|access-date=14 December 2009|url-status=live}}</ref> After much debate, the law permitting same-sex marriage was passed by the '']'' (Spain's ]) on 30 June 2005. ] ] ] on 1 July 2005.<ref>{{cite web|title=Disposiciones Generales|publisher=Boletin Oficial del Estado|date=2 June 2005|url=http://www.boe.es/boe/dias/2005/07/02/pdfs/A23632-23634.pdf|access-date=8 January 2007|language=es}}</ref> | |||
| ====Sweden==== | |||
| {{Main|Same-sex marriage in Sweden}} | |||
| Same-sex marriage in Sweden has been legal since 1 May 2009, following the adoption of a new gender-neutral law on marriage by the ] on 1 April 2009, making Sweden the seventh country in the world to open marriage to same-sex couples nationwide. Marriage replaced Sweden's registered partnerships for same-sex couples. Existing registered partnerships between same-sex couples remained in force with an option to convert them into marriages.<ref name="swedishmarriagerights">{{cite news|url=http://news.bbc.co.uk/2/hi/europe/7978495.stm|title=Sweden allows same-sex marriage|work=BBC News|date=2 April 2009}}</ref><ref>{{cite news|title=Church of Sweden says yes to gay marriage|url=http://www.thelocal.se/22810/20091022|access-date=24 July 2012|newspaper=The Local|date=22 October 2009|url-status=dead|archive-url=https://web.archive.org/web/20120111080159/http://www.thelocal.se/22810/20091022|archive-date=11 January 2012}}</ref> Same-sex marriages have been performed by the ] since 2009.<ref>{{cite web|url=https://www.svenskakyrkan.se/samkonade-aktenskap |title=Samkönade äktenskap |publisher=Svenskakyrkan.se |date=14 December 2017 |access-date=13 April 2018}}</ref> | |||
| ====Switzerland==== | |||
| {{Main|Same-sex marriage in Switzerland}} | |||
| ] has allowed ] for same-sex couples since 1 January 2007, after a 2005 referendum. Legislation to allow same-sex marriage was introduced in 2013, passed on 18 December 2020 by the ], and was adopted in a ]. 64.1% of voters supported an amendment to the civil code that allowed same-sex marriage, adoption by same-sex couples and ] for female same-sex couples. Switzerland voted and approved the amendment in September 2021, legally recognizing same-sex marriage. {{citation needed|date=October 2021}} | |||
| ====Taiwan==== | |||
| {{main|Same-sex marriage in Taiwan}} | |||
| ] | |||
| Taiwan is the first country in Asia where same-sex marriage is legal.<ref>{{Cite web|last=mmoneymaker|date=2019-05-17|title=Taiwan Becomes First Country in Asia To Legalize Same-Sex Marriage|url=https://outrightinternational.org/content/taiwan-becomes-first-country-asia-legalize-same-sex-marriage|access-date=2021-02-21|website=OutRight Action International|language=en}}</ref> On 24 May 2017, the Constitutional Court ruled that same-sex couples have the right to marry, and gave the Taiwanese Government two years to amend the law to that effect. It was also ruled that if the law was not amended after two years, same-sex couples would automatically be able to register valid marriage applications in Taiwan.<ref name="NBC News">{{Cite news|url=https://www.nbcnews.com/feature/nbc-out/taiwan-court-rules-same-sex-marriage-legal-asia-first-n763931|title=Taiwan Court Rules Same Sex Marriage Legal in Asia First|date=24 May 2017|work=]|access-date=6 April 2018}}</ref> On 17 May 2019, lawmakers in Taiwan approved a bill legally recognizing same-sex marriage.<ref>{{Cite web|url=https://www.cnn.com/2019/05/17/asia/taiwan-same-sex-marriage-intl/index.html|title=Taiwan legalizes same-sex marriage in historic first for Asia|first=Julia|last=Hollingsworth|website=CNN|date=17 May 2019|access-date=2019-06-28}}</ref> The bill was signed by the President Tsai Ing-Wen on 22 May and came into effect on 24 May 2019.<ref>{{Cite web|url=https://www.aljazeera.com/news/2019/05/taiwan-parliament-vote-sex-marriage-legislation-190517041658310.html|title=Taiwan's parliament approves same-sex marriage legislation|website=www.aljazeera.com|access-date=2019-06-28}}</ref> | |||
| ====United Kingdom==== | |||
| {{Same-sex marriage map Lesser Antilles}} | |||
| {{main|Same-sex marriage in the United Kingdom}} | |||
| Same-sex marriage is legal in all parts of the ]. As ] is a ], different parts of the UK enacted same-sex marriage at different times; it has been recognized and performed in ] since March 2014, in ] since December 2014, and in ] since January 2020. | |||
| * ] in ] was passed by the ] in July 2013 and took effect on 13 March 2014. The first same-sex marriages took place on 29 March 2014. | |||
| * ] in ] was passed by the ] in February 2014 and took effect on 16 December 2014. The first same-sex marriage ceremonies for same-sex couples previously in civil partnerships occurred on 16 December. The first same-sex marriage ceremonies for couples not in civil partnerships occurred on 31 December 2014. | |||
| * ] in ] was passed by the ] (as the Northern Ireland Assembly was suspended) in July 2019 and took effect on 13 January 2020. The first same-sex marriage ceremony took place on 11 February 2020. | |||
| Same-sex marriage is legal in nine of the fourteen ]. It has been recognized in ] since 2014, ] and the ] (for UK military personnel only) since 3 June 2014, the ] since 14 May 2015, the ] since 13 October 2016, ] since 15 December 2016, the ] since 29 April 2017, ] since 20 December 2017, and ] since 23 November 2018. Civil partnerships were enacted in the ] on 4 September 2020. An appeal by the government of Bermuda of a lower court's ruling for same-sex marriage is scheduled to be heard in February 2021. | |||
| Same-sex marriage is legal in the ]. It has been recognized and performed in the ] since 22 July 2016, in ] since 1 July 2018, and in the ] at different times: in the jurisdiction of ] since 2 May 2017, in ] since 14 June 2018, and in ] since 23 April 2020. | |||
| Since 2005, same-sex couples have been allowed to enter into ], a separate union providing the ]. In 2006, the ] rejected a legal bid by a British ] who had ] in Canada to have their union recognized as a marriage in the UK rather than a civil partnership. | |||
| ====United States==== | |||
| {{Main|Same-sex marriage in the United States}} | |||
| {{Map of same-sex marriage in the United States|size=300px}} | |||
| ], illuminated in rainbow colors, on the evening of the ], 26 June 2015]] | |||
| ] expanded from one state in 2004 to all fifty states in 2015 through various state court rulings, state legislation, direct popular votes, and federal court rulings. The ] each have separate ]s, which must adhere to rulings by the ] that recognize ] as a ] that is guaranteed by both the ] and the ] of the ], as first established in the 1967 ] ] case of '']''. | |||
| Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s.<ref>{{cite web|title=The Same-Sex Couple Who Got a Marriage License in 1971|url=https://www.nytimes.com/2015/05/17/us/the-same-sex-couple-who-got-a-marriage-license-in-1971.html|work=]|date=16 May 2015|access-date=6 April 2018}}</ref> In 1972, the now overturned '']'' saw the ] decline to become involved.<ref>{{cite news|title=The Great Undoing?|url=http://www.advocate.com/news/2009/06/20/great-undoing|work=]|first=Andrew|last=Gumbel|access-date=9 July 2012}}</ref> The issue became prominent from around 1993, when the ] ruled in '']'' that it was unconstitutional under the ] for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal ]. In 2003, the ] ruled in '']'' that it was unconstitutional under the ] for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as ] continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (]s and ]s), and federal court rulings established same-sex marriage in thirty-six of the fifty states. | |||
| In May 2011, ] rose above 50% for the first time.<ref>{{cite web|title=For First Time, Majority of Americans Favor Legal Gay Marriage|url=http://news.gallup.com/poll/147662/first-time-majority-americans-favor-legal-gay-marriage.aspx|website=]|date=20 May 2011}}</ref> In June 2013, the ] struck down ] for violating the ] in the landmark civil rights case of '']'', leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In June 2015, the Supreme Court ruled in the landmark civil rights case of '']'' that the ] of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the ] and the ] of the ]. | |||
| Same-sex marriage is also legal in four of the United States territories: ], ], ], and the ]. It is not legal in ], amid legal uncertainty over whether the US Constitution applies there in full. | |||
| ] also have their own same-sex marriage legislation. | |||
| The ] is the most populous country in the world to have established same-sex marriage nationwide. | |||
| ====Uruguay==== | |||
| {{main|Same-sex marriage in Uruguay}} | |||
| Uruguay's ] passed a bill on 12 December 2012, to extend marriage rights to same-sex couples.<ref>{{cite web|title=Diputados aprobó el matrimonio igualitario Pasada la mediano|url=http://www.unoticias.com.uy/2012/12/12/informacion_nacional/diputados_aprobo_el_matrimonio_igualitario/|website=Noticias|publisher=Diario UNoticias|access-date=31 July 2013|language=es|date=12 December 2012}}</ref> The ] passed the bill on 2 April 2013, but with minor amendments. On 10 April 2013, the Chamber of Deputies passed the amended bill by a two-thirds majority (71–22). The president promulgated the law on 3 May 2013 and it took effect on 5 August.<ref>{{Cite news|url=https://www.bbc.co.uk/news/world-latin-america-23571197|title=Same-sex marriage bill comes into force in Uruguay|journal=BBC News|access-date=26 July 2015|date=5 August 2013}}</ref> | |||
| ===National debates=== | |||
| ====Bulgaria==== | |||
| {{Main|Recognition of same-sex unions in Bulgaria}} | |||
| The Bulgarian Constitution forbids the legalization of same-sex marriage, stipulating that marriage can only be between a man and a woman. | |||
| In late 2017, a Bulgarian same-sex couple, who ], filed a lawsuit in order to have their marriage recognized.<ref> {{Webarchive|url=https://web.archive.org/web/20180913124655/https://sofiaglobe.com/2017/12/05/woman-sues-bulgarian-authorities-for-recognition-of-same-sex-marriage/ |date=13 September 2018 }} ''The Sofia Globe'', 5 December 2017</ref> The Sofia Administrative Court ruled against them in January 2018.<ref>{{cite web|url=http://www.novinite.com/articles/186950/The+Court+did+not+Recognize+a+Marriage+Between+Bulgarian+Women+in+the+UK |title=The Court did not Recognize a Marriage Between Bulgarian Women in the UK |publisher=Novinite.com |date=12 January 2018 |access-date=13 April 2018}}</ref> | |||
| A ] court granted a same-sex couple the right to live in Bulgaria on 29 June 2018. The couple, an ]n woman and her French spouse, had married in ] in 2016, but were denied residency in Bulgaria a year later when they attempted to move there.<ref>, ''VOA News'', 4 July 2018</ref> | |||
| ====Chile==== | |||
| {{Main|Recognition of same-sex unions in Chile}} | |||
| Polling shows majority support for same-sex marriage among Chileans.<ref>{{cite web|title=Estudio Nacional de Opinión Pública, Junio–Julio 2011. Tema especial: Educación|url=http://www.cepchile.cl/dms/lang_1/doc_4844.html|url-status=dead|archive-url=https://web.archive.org/web/20140116230706/http://www.cepchile.cl/dms/lang_1/doc_4844.html|archive-date=16 January 2014|access-date=11 April 2014|publisher=Cepchile.cl}}</ref> A poll carried out in September 2015 by the pollster Cadem Plaza Pública found that 60% of Chileans supported same-sex marriage, while 36% were against it.<ref>{{cite web|title=Track semanal de Opinion Publica|url=http://plazapublica.cl/wp-content/uploads/658799.pdf|url-status=dead|archive-url=https://web.archive.org/web/20170207182725/http://plazapublica.cl/wp-content/uploads/658799.pdf|archive-date=7 February 2017|access-date=7 July 2017|website=Plazapublica.cl}}</ref> | |||
| On 10 December 2014, a group of ] from various parties, joined LGBT rights group ] (Homosexual Movement of Integration and Liberation) in presenting a bill to allow same-sex marriage and adoption to Congress. MOVILH had been in talks with the Chilean Government to seek an amiable solution to the pending marriage lawsuit brought against the state before the ].<ref>{{cite news|url=http://www.cascaraamarga.es/politica-lgtb/lgtb-internacional/10299-el-proyecto-de-ley-de-matrimonio-igualitario-llega-al-parlamento-de-chile.html|title=El proyecto de ley de matrimonio igualitario llega al Parlamento de Chile|publisher=Cáscara Amarga|access-date=11 December 2014|archive-date=6 May 2019|archive-url=https://web.archive.org/web/20190506141246/http://www.cascaraamarga.es/politica-lgtb/lgtb-internacional/10299-el-proyecto-de-ley-de-matrimonio-igualitario-llega-al-parlamento-de-chile.html|url-status=dead}}</ref> On 17 February 2015, lawyers representing the Government and MOVILH met to discuss an amicable solution to the same-sex marriage lawsuit. The Government announced that they would drop their opposition to same-sex marriage. A formal agreement between the two parties and the ] was signed in April 2015.<ref name="blade"> ''The Washington Blade'', 15 January 2018</ref> The Chilean Government pledged to legally recognize same-sex marriage. | |||
| On 28 January 2015, the National Congress approved a bill recognizing civil unions for same-sex and opposite-sex couples offering some of the rights of marriage. President Michele Bachelet signed the bill on 14 April, and it came into effect on 22 October.<ref>{{Cite news|title=Chile recognises same-sex civil unions|url=https://www.bbc.com/news/world-latin-america-32296246|journal=BBC News|date=14 April 2015}}</ref><ref name=Reuters-bill-pass>{{cite news|last1=Esposito|first1=Anthony|title=Socially-conservative Chile approves civil unions|url=https://www.reuters.com/article/chile-civilunions-idUSL1N0V71X020150128|access-date=28 January 2015|work=Reuters|archive-date=16 October 2015|archive-url=https://web.archive.org/web/20151016144837/http://www.reuters.com/article/2015/01/28/chile-civilunions-idUSL1N0V71X020150128|url-status=live}}</ref> | |||
| In September 2016, President Bachelet stated before a United Nations General Assembly panel that the Chilean Government would submit a same-sex marriage bill to Congress in the first half of 2017.<ref>{{cite web|url=http://www.voanews.com/a/chile-bachelet-gay-marriage-bill/3520246.html|title=Chile's President Plans to Send Gay Marriage Bill to Congress in 2017|website=VOA & Reuters|date=21 September 2016}}</ref> A same-sex marriage bill was submitted in September 2017.<ref>{{cite news|url=https://www.camara.cl/pley/pley_detalle.aspx?prmID=11934&prmBoletin=11422-07|title=Modifica diversos cuerpos legales para regular, en igualdad de condiciones, el matrimonio de parejas del mismo sexo|publisher=]|access-date=8 September 2017}}</ref> Parliament began discussing the bill on 27 November 2017,<ref> ''The Washington Blade'', 27 November 2017</ref> but it failed to pass before March 2018, when a new Government was inaugurated. On 16 January 2020, the bill was approved in the Senate by a 22 to 16 vote, then headed to the constitutional committee. | |||
| The 2018 Inter-American Court of Human Rights ruling regarding the legalization of same-sex marriage in countries that have ratified the ] applies to Chile. | |||
| On 21 July 2021, the Senate approved the bill recognizing gay marriage by 28 votes to 14. The bill now moves to the Chamber of Deputies.<ref>{{cite news |title=Chile senators approve gay marriage bill; one step left |url=https://www.france24.com/en/live-news/20210721-chile-senators-approve-gay-marriage-bill-one-step-left |access-date=23 July 2021 |work=AFP |date=21 July 2021}}</ref><ref>{{cite news |title=Chile is one step away from approving long-awaited same-sex marriage |url=https://riotimesonline.com/brazil-news/mercosur/chile/chile-is-one-step-away-from-approving-long-awaited-same-sex-marriage/ |access-date=23 July 2021 |work=The Rio Times |date=21 July 2021}}</ref> | |||
| ====China==== | |||
| {{Main|Recognition of same-sex unions in China}} | |||
| The ''Marriage Law of the People's Republic of China'' explicitly defines marriage as the union between one man and one woman. No other form of civil union is recognized. The attitude of the Chinese Government towards homosexuality is believed to be "three nos": "No approval; no disapproval; no promotion." The Ministry of Health officially removed homosexuality from its list of mental illnesses in 2001. | |||
| ], a sociologist and sexologist well known in the Chinese gay community, has tried to legally recognize same-sex marriage several times, including during the National People's Congress in 2000 and 2004 (''Legalization for Same-Sex Marriage'' 《中国同性婚姻合法化》 in 2000 and the ''Same-Sex Marriage Bill'' 《中国同性婚姻提案》 in 2004). According to Chinese law, 35 delegates' signatures are needed to make an issue a bill to be discussed in the Congress. Her efforts failed due to lack of support from the delegates. CPPCC National Committee spokesman ] | |||
| when asked about Li Yinhe's proposal, said that same-sex marriage was still too "ahead of its time" for China. He argued that same-sex marriage was not recognized even in many Western countries, which are considered much more liberal in social issues than China.<ref>{{cite web|url=http://news.sina.com.cn/c/2006-03-05/10278364854s.shtml|title=政协发言人称同性婚姻太超前 李银河提案再受挫_新闻中心_新浪网|publisher=News.sina.com.cn|access-date=22 May 2012}}</ref> This statement is understood as an implication that the Government may consider recognition of same-sex marriage in the long run, but not in the near future. | |||
| On 5 January 2016, a court in ], southern ], agreed to hear the lawsuit of 26-year-old Sun Wenlin filed in December 2015 against the Bureau of Civil Affairs of Furong District for its June 2015 refusal to let him marry his 36-year-old male partner, Hu Mingliang. On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who vowed to appeal, citing the importance of his case for LGBT progress in China.<ref>{{cite web|url=https://www.npr.org/sections/thetwo-way/2016/04/13/474065742/chinese-court-rules-against-gay-couple-seeking-to-get-married|title=Chinese Court Rules Against Gay Couple Seeking To Get Married|publisher=The Two-Way|date=13 April 2016}}</ref> | |||
| As of August 2019, guardianship agreements have been signed in ] (the first one was registered in ] in late 2017), ], ], ], ],<ref>{{Cite web|date=2019-08-06|title=Same-sex couples in China name each other as legal guardians|url=https://www.pinknews.co.uk/2019/08/06/same-sex-couples-china-name-legal-guardians/|access-date=2021-06-13|website=PinkNews - Gay news, reviews and comment from the world's most read lesbian, gay, bisexual, and trans news service|language=en-GB}}</ref> ] and ], among others. The practice is more common among older same-sex couples or couples who have been in a relationship for several years. | |||
| ====Cuba==== | |||
| {{main|Recognition of same-sex unions in Cuba}} | |||
| The ] prohibited same-sex marriage until February 2019. In May 2019, the Government announced that the Union of Jurists of Cuba is working on a new family code, which would address same-sex marriage. | |||
| In September 2018, following some public concerns and conservative opposition against the possibility of paving the way to legalisation of same-sex marriage in Cuba, ] ] announced his support for same-sex marriage after he told ] that he supports "marriage between people without any restrictions".<ref>{{cite web | url=https://thehill.com/blogs/blog-briefing-room/news/407066-new-cuban-president-says-he-supports-same-sex-marriage | title=New Cuban president says he supports same-sex marriage| date=17 September 2018}}</ref><ref>{{cite web|url=https://www.aljazeera.com/news/2018/09/cuban-president-miguel-diaz-canel-backs-sex-marriage-180917162537797.html|title=Cuban President Miguel Diaz-Canel backs same-sex marriage|first=Charlotte|last=Mitchell|date=17 September 2018|website=Al Jazeera}}</ref> A proposal for a new Family Code including same-sex marriage and adoption was presented in September 2021.<ref>https://www.reuters.com/world/americas/cuba-publishes-draft-family-code-that-opens-door-gay-marriage-2021-09-15/</ref> | |||
| ====Czech Republic==== | |||
| {{main|Recognition of same-sex unions in the Czech Republic}} | |||
| Before the ], LGBT activists started a public campaign with the aim of achieving same-sex marriage within the next four years.<ref name="door">{{cite web|url=https://www.hrw.org/news/2017/08/15/door-opens-achieving-marriage-equality-czech-republic |title=Door Opens to Achieving Marriage Equality in Czech Republic |publisher=Hrw.org |date= 15 August 2017|access-date=13 April 2018}}</ref><ref>{{cite web |url=http://www.praguemonitor.com/2017/07/03/gays-lesbians-launching-campaign-marriage |title=Gays, lesbians launching campaign for marriage |publisher=Praguemonitor.com |date=3 July 2017 |access-date=13 April 2018 |archive-date=9 December 2018 |archive-url=https://web.archive.org/web/20181209060929/http://www.praguemonitor.com/2017/07/03/gays-lesbians-launching-campaign-marriage |url-status=dead }}</ref> | |||
| Prime Minister ] supports the legalization of same-sex marriage.<ref>{{in lang|cs}} </ref> A bill to legally recognize same-sex marriage was introduced to the Czech Parliament in June 2018.<ref>{{cite news|url=http://www.psp.cz/sqw/historie.sqw?o=8&T=201|title=Sněmovní tisk 201 - Novela z. - občanský zákoník|access-date=15 June 2018|publisher=Chamber of Deputies of the Czech Republic}}</ref> Recent opinion polls have shown that the bill is quite popular in the Czech Republic; a 2018 poll found that 75% of Czechs favored legal recognition of same-sex marriage.<ref>{{Cite web |url=http://www.praguemonitor.com/2018/04/20/poll-most-czechs-same-sex-marriages |title=Poll: Most Czechs for same-sex marriages |access-date=24 June 2018 |archive-date=30 June 2018 |archive-url=https://web.archive.org/web/20180630114415/http://praguemonitor.com/2018/04/20/poll-most-czechs-same-sex-marriages |url-status=dead }}</ref> | |||
| ====El Salvador==== | |||
| {{Main|Recognition of same-sex unions in El Salvador}} | |||
| In August 2016, a lawyer in El Salvador filed a lawsuit before the ] asking for the nullification of Article 11 of the Family Code, which defines marriage as a heterosexual union. Labeling the law as discriminatory and explaining the lack of gendered terms used in Article 34 of the ]'s summary of marriage, the lawsuit sought to allow same-sex couples the right to wed.<ref></ref><ref>{{in lang|es}} {{Webarchive|url=https://web.archive.org/web/20190827033708/https://elmundo.sv/piden-declarar-inconstitucional-exclusion-de-matrimonio-a-personas-del-mismo-sexo/ |date=27 August 2019 }}</ref> On 20 December, the ] rejected the lawsuit on a ].<ref>{{in lang|es}} </ref> | |||
| A second lawsuit against the same-sex marriage ban was filed on 11 November 2016.<ref>{{in lang|es}} </ref> On 17 January 2019, the Supreme Court dismissed the case on procedural grounds.<ref>{{cite web|url=https://www.washingtonblade.com/2019/01/22/corte-suprema-de-el-salvador-rechaza-nueva-demanda-del-matrimonio-igualitario/|title=Corte Suprema de El Salvador rechaza nueva demanda del matrimonio igualitario|work=Washington Blade|date=22 January 2019|language=es}}</ref><ref>{{cite web|url=https://www.lavanguardia.com/vida/20190119/454199833033/piden-a-juzgadse-salvadorena-resolver-demanda-para-permitir-matrimonio-gay.html|title=Piden a juzgadse salvadoreña resolver demanda para permitir matrimonio gay|work=La Vanguardia|date=19 January 2019|language=es}}</ref> | |||
| The 2018 Inter-American Court of Human Rights ruling regarding the legalization of same-sex marriage in countries that have ratified the ] applies to El Salvador. | |||
| ====Estonia==== | |||
| {{Main|Recognition of same-sex unions in Estonia}} | |||
| In October 2014, the Estonian legislature, the ], approved a civil union law open to both opposite-sex and same-sex couples.<ref>, independent.co.uk; accessed 5 July 2017.</ref> | |||
| ====Georgia==== | |||
| {{Main|LGBT rights in Georgia (country)}} | |||
| In 2016, a man filed a challenge against Georgia's same-sex marriage ban, arguing that while the Civil Code of Georgia states that marriage is explicitly between a man and a woman; the Constitution does not reference gender in its section on marriage.<ref>{{cite web|url=http://www.eurasianet.org/node/77221|title=Gay Marriage Lawsuit Launched in Georgia|first=Giorgi|last=Lomsadze|date=8 February 2016|via=EurasiaNet}}</ref> | |||
| In September 2017, the Georgian Parliament approved a constitutional amendment establishing marriage as "a union between a woman and a man for the purpose of creating a family".<ref>{{cite web|last=Dumbadze |first=Devi |url=https://jamestown.org/program/georgias-ruling-party-supermajority-passes-unilateral-constitutional-reform/ |title=Georgia's Ruling Party 'Supermajority' Passes Unilateral Constitutional Reform |publisher=Jamestown.org |date=28 September 2017 |access-date=13 April 2018}}</ref> President ] vetoed the constitutional amendment on 9 October. Parliament overrode his veto on 13 October.<ref>{{cite web |url=http://www.civil.ge/eng/article.php?id=30522 |title=Parliament Overrides Presidential Veto on Constitutional Amendments |website=] |date=13 October 2017 |access-date=10 January 2019 |archive-url=https://web.archive.org/web/20171018204109/http://www.civil.ge/eng/article.php?id=30522 |archive-date=18 October 2017 |url-status=dead }}</ref> | |||
| ====India==== | |||
| {{Main|Recognition of same-sex unions in India}} | |||
| As of 2017, a draft of a ] that would legally recognize same-sex marriage has been proposed.<ref>{{Cite news|url=http://www.catchnews.com/amp/india-news/a-new-ucc-for-a-new-india-progressive-draft-ucc-allows-for-same-sex-marriages-85386.html|title=A new UCC for a new India? Progressive draft UCC allows for same-sex marriages - Catchnews |newspaper=Catchnews|access-date=12 October 2017}}</ref> | |||
| Although same-sex couples are not legally recognized currently by any form, performing a symbolic same-sex marriage is not prohibited under Indian law either. On 6 September 2018, the Supreme Court of India decriminalized homosexuality by declaring ] unconstitutional. In 2020, several court cases were filed seeking a right to same-sex marriage under India's various denominational and non-denominational marriage laws. | |||
| In 2021 Netflix created a TV series, The Big Day. It was the first TV series to show a same-sex wedding in India, between makeup artist, ] and his partner, Tyrone Braganza | |||
| ====Israel==== | |||
| {{Main|Recognition of same-sex unions in Israel}} | |||
| In 2006, Israel's High Court of Justice ruled to recognize foreign same-sex marriages for the limited purpose of registration with the Administration of Border Crossings, Population and Immigration; however, this is merely for statistical purposes and grants no state-level rights. Israel does not recognize civil marriages performed under its own jurisdiction. A bill was raised in the ] (Israeli Parliament) to rescind the High Court's ruling, but the Knesset did not advance the bill. A bill to legally recognize same-sex and interfaith civil marriages was defeated in the Knesset, 39–11, on 16 May 2012.<ref>{{cite news|work=The Jerusalem Post|url=http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=270221|title=Knesset rejects marriage equality bill|date=16 May 2012|author=Harkov, Lahav|access-date=28 May 2012|url-status=dead|archive-url=https://web.archive.org/web/20120522013505/http://www.jpost.com/DiplomacyAndPolitics/Article.aspx?id=270221|archive-date=22 May 2012}}</ref> | |||
| In November 2015, the National LGBT Taskforce of Israel petitioned the ] to allow same-sex marriage in the country, arguing that the refusal of the rabbinical court to recognize same-sex marriage should not prevent civil courts from performing same-sex marriages.<ref>{{cite web|url=http://m.jpost.com/Israel-News/NGO-The-Aguda-petitions-Supreme-Court-to-allow-same-sex-marriage-Israel-431733#article=6017RkIwRTRGQ0UyQzlCNUYxOUM3OUI5QTc1RTJGQkVGMkU=|title=NGO petitions High Court to allow same-sex marriage in Israel|website=The Jerusalem Post|date=2 November 2015}}</ref> The court handed down a ruling on 31 August 2017, determining the issue was the responsibility of the Knesset, and not the judiciary.<ref>{{cite web|url=http://jpost.com/Israel-News/Supreme-Court-rejects-petition-to-recognize-same-sex-marriage-503894|date=31 August 2017|website=Jerusalem Post|title=Supreme Court rejects petition to recognize same-sex marriage}}</ref> | |||
| Opinion polls have shown that Israelis overwhelmingly support recognizing same-sex unions. A 2017 opinion poll showed that 79% of the Israeli public were in favor of legal recognition of same-sex unions (either marriage or civil unions).<ref>{{cite web|url=http://jewishstandard.timesofisrael.com/israeli-support-for-gay-marriage-is-at-an-all-time-high/|title=Israeli support for gay marriage is at an all-time high}}</ref> A 2018 poll showed that 58% of Israelis were specifically in favor of same-sex marriage.<ref>, ''The Times of Israel'', 5 June 2018</ref> | |||
| ====Italy==== | |||
| {{main|Recognition of same-sex unions in Italy}} | |||
| The cities of ], ] and ] began recognizing same-sex marriages from other jurisdictions in July 2014,<ref>{{cite news|title=Nozze gay all'estero, c'è la firma del sindaco: saranno trascritte in Comune | work =La Repubblica| date = 22 July 2014| url = http://bologna.repubblica.it/cronaca/2014/07/22/news/nozze_gay_c_la_firma_del_sindaco_potranno_essere_trascritte-92118610/ | access-date = 22 July 2014|language=it}}</ref><ref>{{cite news|title = Matrimoni gay, via alle trascrizioni: Roberto e Miguel la prima coppia | work =La Repubblica| date = 25 June 2014| url = http://napoli.repubblica.it/cronaca/2014/06/25/news/matrimoni_gay_via_alle_trascrizioni_roberto_e_manuel_la_prima_coppia-89937623/ | access-date = 25 June 2014|language=it}}</ref> followed by ], ], ] and ] in September,<ref>{{cite news|title = Via libera del sindaco Barnini ai matrimoni gay. Emanata una direttiva | publisher = Gonews.it| date = 15 September 2014| url = http://www.gonews.it/2014/09/15/empoli-via-libera-del-sindaco-barnini-ai-matrimoni-gay-emanata-una-direttiva/ | access-date = 15 September 2014|language=it}}</ref><ref>{{cite news|title = Matrimoni gay presto possibili a Pordenone | work =Messaggero Veneto| date = 15 September 2014| url = http://messaggeroveneto.gelocal.it/udine/cronaca/2014/09/15/news/matrimonio-gay-pedrotti-faremo-la-registrazione-1.9936875 | access-date = 15 September 2014|language=it}}</ref><ref>{{cite news|title = Udine dice sì alla trascrizione dei matrimoni gay | publisher =IlFriuli.it| date = 29 September 2014| url = http://www.ilfriuli.it/articolo/Cronaca/Udine_dice_s%C3%AC_alla_trascrizione_dei_matrimoni_gay/2/136322 | access-date = 29 September 2014|language=it}}</ref> and ], ], ] and ] in October,<ref>{{cite news|title = Primo sì al registro delle nozze gay | work =Corriere Fiorentino | date = 2 October 2014| url = http://corrierefiorentino.corriere.it/firenze/notizie/cronaca/2014/2-ottobre-2014/primo-si-registro-nozze-gay-230260453079.shtml|access-date=2 October 2014|language=it}}</ref><ref>{{cite news|title=Matrimoni gay, c'è l'ok del consiglio comunale di Piombino|publisher=Il Tirreno|date=2 October 2014|url=http://iltirreno.gelocal.it/piombino/cronaca/2014/10/02/news/matrimoni-gay-c-e-l-ok-del-consiglio-comunale-1.10034602|access-date=2 October 2014|language=it}}</ref> and by ] in November.<ref>{{cite news|title=è festa a Bagheria: trascritto il primo matrimonio gay|work=Palermo Today|date=13 November 2014|url=http://www.palermotoday.it/cronaca/bagheria-matrimonio-gay-registro.html|access-date=13 November 2014|language=it}}</ref> The ] annulled these marriages in October 2015. | |||
| A January 2013 Datamonitor poll found that 54.1% of respondents were in favor of same-sex marriage.<ref>{{cite news|title=Nozze gay: il 54% degli italiani è favorevole, sondaggio Datamonitor|website=L'Huffington Post|date=7 January 2013|url=http://www.huffingtonpost.it/2013/01/07/nozze-gay-il-54-degli-italiani-favorevole_n_2424464.html|access-date=7 January 2013|language=it}}</ref> A May 2013 Ipsos poll found that 42% of Italians supported allowing same-sex couples to marry and adopt children.<ref>{{in lang|fr}} {{webarchive|url=https://web.archive.org/web/20160201082402/http://www.ifop.com/media/poll/2255-1-study_file.pdf|date=1 February 2016}}</ref> An October 2014 Demos poll found that 55% of respondents were in favor of same-sex marriage, with 42% against.<ref>{{cite news|title=Nozze gay, per la prima volta oltre la metà degli italiani dice sì|url=http://www.repubblica.it/cronaca/2014/10/12/news/nozze_gay_per_la_prima_volta_oltre_la_met_degli_italiani_dice_s-97902620|date=12 October 2014|newspaper=La Repubblica|language=it}}</ref> A ] survey showed that 59% of Italians were in favor of legal recognition of same-sex marriage.<ref name="pew">, ''Pew Research Center'', 29 May 2018</ref> | |||
| On 25 February 2016, the Italian Senate passed a bill allowing civil unions with 173 senators in favor and 73 against. That same bill was approved by the Chamber of Deputies on 11 May 2016 with 372 deputies in favor and 51 against.<ref>{{cite news|url=http://www.repubblica.it/politica/2016/05/11/news/unioni_civili_voto_fiducia_camera-139563931/?ref=HREA-1|title=Unioni civili, Camera approva: è legge. Renzi: "Battaglia da fare senza contare voti"|date=11 May 2016|access-date=5 July 2017|newspaper=La Repubblica|language=it}}</ref> The ] signed the bill into law on 22 May 2016 and the law went into effect on 5 June 2016. | |||
| On 31 January 2017, the Italian ] ruled that same-sex marriages performed abroad can be fully recognized by court order, when at least one of the two spouses is a citizen of a ] country where same-sex marriage is legal.<ref>{{cite web|url=http://www.blitzquotidiano.it/cronaca-italia/nozze-gay-in-italia-cassazione-convalida-il-primo-matrimonio-tra-due-donne-2630868/|title=Nozze gay riconosciute dalla Cassazione: prima volta in Italia|website=www.blitzquotidiano.it|date=3 February 2017}}</ref> | |||
| ====Japan==== | |||
| {{Main|Recognition of same-sex unions in Japan}} | |||
| Same-sex marriage is not legal in Japan. Article 24 of the Japanese Constitution states that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis."<ref>{{cite book|title=The Constitution of Japan|date=3 November 1946|location=Tokyo|url=http://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html|access-date=4 June 2015}}</ref> Article 24 was created to establish the equality of both sexes in marriage, in opposition to the pre-war legal situation whereby the husband/father was legally defined as the head of household and marriage require permission from the male head of the family. In 2021, the district court in Sapporo ruled that this wording requires recognition of same-sex marriage, with similar suits pending in other district courts.<ref>{{Cite web|url=https://www.msn.com/en-us/news/world/japan-court-backs-right-to-same-sex-marriage-for-first-time/ar-BB1eFauB?ocid=msedgdhp|title = Japan Court Backs Right to Same-Sex Marriage for First Time}}</ref> | |||
| Since 2015, three prefectures and dozens of municipalities and have begun issuing partnership certificates to same-sex couples that offer limited rights when accessing civil services. | |||
| According to a 2021 opinion poll, 65% of Japanese people support same-sex marriage, with 22% opposing.<ref>{{cite web|url= https://www.asahi.com/articles/ASP3P7DSCP3MUZPS003.html?iref=pc_ss_date_article|title=同性婚、法律で「認めるべき」65% 朝日新聞世論調査|publisher=Asahi Shimbun|date=March 2021}}</ref> | |||
| ====Latvia==== | |||
| {{Main|Recognition of same-sex unions in Latvia}} | |||
| On 27 May 2016, the ] overturned an administrative court decision that refused an application to register a same-sex marriage in the country. A Supreme Court press spokeswoman said that the court agrees with the administrative court that current regulations do not allow for same-sex marriages to be legally performed in Latvia. However, the matter should have been considered in a context not of marriage, but of registering familial partnership. Furthermore, it would have been impossible to conclude whether the applicants' rights were violated or not unless their claim is accepted and reviewed in a proper manner.<ref>{{cite web |url=http://www.lsm.lv/en/article/societ/society/supreme-court-rules-same-sex-marriage-request-will-be-considered.a184891/ |title=Supreme Court rules same-sex marriage request will be considered |publisher=Public broadcasting of Latvia |date=27 May 2016 |access-date=15 November 2016 |archive-url=https://web.archive.org/web/20170116173216/http://www.lsm.lv/en/article/societ/society/supreme-court-rules-same-sex-marriage-request-will-be-considered.a184891/ |archive-date=16 January 2017 |url-status=dead }}</ref> The Supreme Court will now decide whether the refusal was in breach of the Latvian Constitution and the European Convention on Human Rights. | |||
| ====Nepal==== | |||
| {{main|Recognition of same-sex unions in Nepal}} | |||
| In November 2008, the ] issued final judgment on matters related to LGBT rights, which included permitting same-sex couples to marry. Same-sex marriage and protection for sexual minorities were to be included in the new Nepalese Constitution required to be completed by 31 May 2012.<ref>{{cite web|url=http://www.hindustantimes.com/News-Feed/nepal/Nepal-charter-to-grant-gay-rights/Article1-499154.aspx|title=Nepal charter to grant gay rights|website=Hindustan Times|date=19 January 2010|access-date=1 February 2010|url-status=dead|archive-url=https://web.archive.org/web/20100123144431/http://www.hindustantimes.com/News-Feed/nepal/Nepal-charter-to-grant-gay-rights/Article1-499154.aspx|archive-date=23 January 2010}}</ref><ref>{{cite news|last=Nelson|first=Dean|url=https://www.telegraph.co.uk/news/worldnews/asia/nepal/7027736/Nepal-to-stage-gay-weddings-on-Everest.html|title=Nepal 'to stage gay weddings on Everest'|work=The Daily Telegraph|date=19 January 2010|access-date=1 February 2010|location=London}}</ref> However, the Legislature was unable to agree on the Constitution before the deadline and was dissolved after the Supreme Court ruled that the term could not be extended.<ref>{{cite news|url=https://www.nytimes.com/2012/05/28/world/asia/nepal-disbands-legislature-as-talks-on-constitution-fail.html|title=Legislature in Nepal Disbands in Failure|work=The New York Times|date=31 May 2012|access-date=1 June 2012|first1=Kiran|last1=Chapagain|first2=Jim|last2=Yardley}}</ref> The Nepali Constitution was enacted in September 2015, but does not address same-sex marriage. | |||
| In October 2016, the Ministry of Women, Children and Social Welfare constituted a committee for the purpose of preparing a draft bill to legally recognize same-sex marriage.<ref>{{cite web|url=http://pahichan.com/all-set-to-get-legal-status|title=All set to get legal status|date=21 October 2016|publisher=pahichan.com|access-date=5 July 2017}}</ref> | |||
| ====Panama==== | |||
| {{Main|LGBT rights in Panama}} | |||
| On 17 October 2016, a married same-sex couple filed an action of unconstitutionality seeking to recognize same-sex marriages performed abroad.<ref>{{in lang|es}} , Telemetro.com; accessed 5 July 2017.</ref> In early November, the case was admitted to the Supreme Court.<ref>{{in lang|es}} , Prensa.com; accessed 5 July 2017.</ref> A challenge seeking to fully legally recognize same-sex marriage in Panama was introduced before the Supreme Court in March 2017.<ref>{{cite web|url=http://www.gaystarnews.com/article/panama-activists-start-new-push-marriage-equality/ |title=Same-sex marriage could come to Panama if activists win legal fight |website=Gaystarnews.com |date=4 April 2017 |access-date=7 July 2017}}</ref> The Supreme Court heard arguments on both cases in summer 2017.<ref>{{cite web|url=http://www.washingtonblade.com/2017/10/01/gay-lawyer-spearheads-panama-sex-marriage-efforts/|title=Gay lawyer spearheads Panama same-sex marriage efforts|date=1 October 2017}}</ref> | |||
| As the Supreme Court was deliberating on the two cases, the ] ruled on 9 January 2018 that countries signatory to the ] must provide for same-sex marriage. On 16 January, the Panamanian Government welcomed the decision. Then Vice President ], speaking on behalf of the Government, announced that the country would fully abide by the ruling. Official notices, requiring compliance with the ruling, were sent out to various governmental departments that same day.<ref name="panama1">{{cite web|url=http://laestrella.com.pa/panama/nacional/panama-acoge-opinion-corte-sobre-matrimonio/24043659 |title=Panamá acoge a la opinión de Corte IDH sobre matrimonio gay |publisher=] |date=16 January 2018}}</ref><ref name="panama">{{cite web|url=http://www.wradio.com.co/noticias/internacional/el-gobierno-panameno-acoge-opinion-de-la-corteidh-sobre-matrimonio-homosexual/20180116/nota/3691473.aspx |title=El Gobierno panameño acoge opinión de la CorteIDH sobre matrimonio homosexual |publisher=W Radio |date=16 January 2018}}</ref> A decision in this case is still pending. | |||
| However under the presidency of the more ] ] a ] was approved by the ] to ban same-sex marriage by establishing in the Constitution that marriage is between a man and a woman. The reform had to be voted again in 2020 and then submitted to referendum.<ref>{{cite news |title=Parlamento panameño niega el derecho a casarse a parejas del mismo sexo |url=http://www.lr21.com.uy/mundo/1413942-panama-parlamento-prohibe-matrimonio-igualitario |access-date=29 October 2019 |agency=La Red 21 |date=29 October 2019}}</ref><ref>{{cite news |title=Panamá cierra las puertas al matrimonio igualitario con reforma constitucional |url=https://teletica.com/240856_panama-cierra-las-puertas-al-matrimonio-igualitario-con-reforma-constitucional |access-date=29 October 2019 |agency=Teletica}}</ref><ref>{{cite news |title=Panamá busca impedir con una reforma constitucional el matrimonio igualitario |url=https://www.elmundo.cr/mundo/panama-busca-impedir-con-una-reforma-constitucional-el-matrimonio-igualitario/ |access-date=29 October 2019 |agency=Mundo |date=29 October 2019}}</ref> | |||
| ====Peru==== | |||
| {{Main|LGBT rights in Peru}} | |||
| In a ruling published on 9 January 2017, the 7th Constitutional Court of Lima ordered the ] to recognize and register the marriage of a same-sex couple who had previously wed in ].<ref>{{in lang|es}} , Peru21.pe; accessed 28 March 2018.{{in lang|es}}</ref><ref>{{cite web|url=http://www.gaystarnews.com/article/peru-same-sex-marriage-oscar-galarza|title=Court orders Peru to recognize its first same-sex marriage|website=Gay Star News|date=10 January 2017}}</ref> RENIEC subsequently appealed the ruling.<ref>{{cite web|url=https://www.yahoo.com/news/peru-takes-step-toward-recognizing-same-sex-marriage-201957900.html|archive-url=https://web.archive.org/web/20170111162311/https://www.yahoo.com/news/peru-takes-step-toward-recognizing-same-sex-marriage-201957900.html|archive-date=11 January 2017|title=Peru takes step toward recognizing same-sex marriage|agency=Associated Press|website=Yahoo News |date=10 January 2017}}</ref> | |||
| On 14 February 2017, a bill legally recognizing same-sex marriage was introduced in the ].<ref>{{in lang|es}} , Blogdelimagay.blogspot.ch, February 2017; accessed 5 July 2017.</ref> | |||
| The 2018 Inter-American Court of Human Rights ruling regarding the legalization of same-sex marriage in countries that have ratified the ] applies to Peru. On 11 January, the president of the ] stated that the Peruvian Government should abide by the IACHR ruling.<ref name="peru">{{in lang|es}} lavanguardia</ref> | |||
| ====Philippines==== | |||
| {{main|LGBT rights in the Philippines#Recognition of same-sex relationships}} | |||
| Same-sex marriages and civil unions are currently not recognized by the state, the illegal insurgent ] performs ] since 2005.<ref>{{cite web|url=http://newsinfo.inquirer.net/796671/love-is-love-in-communist-movement|title=Love is love in communist movement|website=Inquirer.net|date=18 July 2016|access-date=19 July 2016}}</ref> | |||
| In October 2016, Speaker of the ] ] announced he will file a civil union bill in ].<ref>{{cite web|url=http://asianjournal.com/news/same-sex-marriage-legalization-eyed-in-ph|title=Same-sex marriage legalization eyed in PH - News|website=asianjournal.com|access-date=5 July 2017|archive-url=https://web.archive.org/web/20170801072915/http://asianjournal.com/news/same-sex-marriage-legalization-eyed-in-ph/|archive-date=1 August 2017|url-status=dead}}</ref> The bill was introduced to Congress in October of the following year under the wing of the House Speaker and three other congresspersons, including Geraldine Roman, the country's first duly-elected transgender lawmaker.<ref>{{cite web|url=http://www.congress.gov.ph/legisdocs/basic_17/HB06595.pdf|title=House Bill No. 6595|publisher=]|access-date=21 October 2017}}</ref> | |||
| President ] supports the legalization of same-sex marriage.<ref>{{cite web|url=http://www.abc.net.au/news/2017-12-18/philippines-rodrigo-duterte-says-he-supports-same-sex-marriage/9266962 |title=Philippines President Rodrigo Duterte says he supports same-sex marriage |publisher=Abc.net.au |date=18 December 2017 |access-date=13 April 2018}}</ref> | |||
| On 19 June 2018, the ] heard oral arguments in a case seeking to legally recognize same-sex marriage in the Philippines.<ref>{{cite web|url=https://news.abs-cbn.com/news/03/06/18/sc-sets-oral-arguments-on-same-sex-marriage|title=SC sets oral arguments on same-sex marriage|first=Ina Reformina, ABS-CBN|last=News}}</ref> The court dismissed the case on 3 September 2019 due to "lack of standing" and "failing to raise an actual, justiciable controversy", additionally finding the plaintiff's legal team liable for indirect ] for "using constitutional litigation for propaganda purposes".<ref name=CNN20190904>{{cite web|url=https://www.cnn.com/2019/09/04/asia/philippines-gay-marriage-intl-hnk/index.html|title=Philippines Supreme Court upholds ban on same-sex marriage|first=Julie|last=Zaugg|website=CNN|date=4 September 2019}}</ref> | |||
| ====Romania==== | |||
| {{Main|Recognition of same-sex unions in Romania}} | |||
| On 5 June 2018, the ] (ECJ) ruled, in a case originating from Romania, that same-sex couples have the same residency rights as different-sex couples, when a national of an EU country gets married while resident in an EU country where same-sex marriage is legal, and the spouse is from a non-EU country.<ref name="bbc">{{Cite news|url=https://www.bbc.com/news/world-europe-44366898|title=Same-sex spouses have equal residency rights|journal=BBC News|date=6 June 2018}}</ref><ref name="conversation">{{cite news|url=https://theconversation.com/rights-for-same-sex-married-couples-to-move-around-the-eu-confirmed-in-landmark-ruling-96387 |title=Rights for same-sex married couples to move around the EU confirmed in landmark ruling |first=Alina |last=Tryfonidou |work=The Conversation |date=6 June 2018}}</ref> | |||
| Initially, the case was filed with the ], which later decided to consult with the ECJ.<ref>{{cite web|url=https://www.nbcnews.com/feature/nbc-out/romania-consult-european-court-over-same-sex-marriage-case-n689551|title=Romania to consult with European court over same-sex marriage case}}</ref> In line with the ECJ ruling, the Constitutional Court ruled on 18 July 2018 that the state must grant residency rights to the same-sex partners of European Union citizens.<ref>{{Cite news|url=https://www.reuters.com/article/us-romania-lgbt/romania-must-give-residency-rights-to-same-sex-spouses-court-rules-idUSKBN1K81Y9|title=Romania must give residency rights to same-sex spouses, court rules|journal=Reuters|date=19 July 2018}}</ref> | |||
| In June 2019, ] and 14 people forming seven same-sex couples have sued the Romanian state to the ] (ECHR), asking for the legal recognition of their families in Romania.<ref>{{cite web |url=https://www.romania-insider.com/gay-couples-romania-echr |title=Seven gay couples take Romania to court to have family relation recognized |work=Romania-Insider.com |date=18 June 2019 |access-date=4 July 2019 |archive-url=https://web.archive.org/web/20190704205954/https://www.romania-insider.com/gay-couples-romania-echr |archive-date=4 July 2019 |url-status=dead }}</ref> | |||
| An opinion poll in 2021 found that 43% ±3% of Romanians supported some form of legal protection for same-sex couples, with 26% supporting marriage. Support was 56% and 42% among respondents 18–34 years old.<ref>https://euobserver.com/news/151711</ref> | |||
| ====Serbia==== | |||
| {{Main|Recognition of same-sex unions in Serbia}} | |||
| Same-sex partnerships are under discussion in 2021.{{citation needed|date=September 2021}} | |||
| ====Slovenia==== | |||
| {{Main|Recognition of same-sex unions in Slovenia}} | |||
| Slovenia recognizes registered partnerships for same-sex couples. | |||
| In December 2014, the eco-socialist ] party introduced a bill amending the definition of marriage in the 1976 ''Marriage and Family Relations Act'' to include same-sex couples. In January 2015, the Government expressed no opposition to the bill. In February 2015, the bill was passed with 11 votes to 2. In March, the Assembly passed the final bill in a 51–28 vote. On 10 March 2015, the National Council rejected a motion to require the Assembly to vote on the bill again, in a 14–23 vote. Opponents of the bill launched a petition for a referendum and managed to collect 40,000 signatures. The Parliament then voted to block the referendum with a clarification that it would be against the ] to vote on matters concerning human rights. Finally, the Constitutional Court ruled against the banning of the referendum (5–4) and ] was held on 20 December 2015. | |||
| In the referendum, 63.4% of the voters voted against the law, rendering Parliament's same-sex marriage act invalid.<ref>{{cite web |url=http://www.rtvslo.si/slovenija/referendum/pobudniki-referenduma-uspeli-novela-zakona-o-zakonski-zvezi-zavrnjena/381559 |title=Pobudniki referenduma uspeli, sprememba zakona o zakonski zvezi zavrnjena |language=sl|date=20 December 2015 |access-date=20 December 2015}}</ref> | |||
| ====South Korea==== | |||
| {{Main|Recognition of same-sex unions in South Korea}} | |||
| In July 2015, ] and his partner, Kim Seung-Hwan, filed a lawsuit seeking legal status for their marriage after their marriage registration form was rejected by the local authorities in ]. On 25 May 2016, a South Korean district court ruled against the couple and argued that without clear legislation a same-sex union can not be recognized as a marriage.<ref>{{Cite news|url=https://www.theguardian.com/society/2016/may/25/south-korea-rejects-film-director-kim-jho-gwang-so-same-sex-marriage-case|title=South Korean court rejects film director's same-sex marriage case|journal=The Guardian|date=25 May 2016|last1=France-Presse|first1=Agence}}</ref> The couple quickly filed an appeal against the district court ruling. Their lawyer, Ryu Min-Hee, announced that two more same-sex couples had filed separate lawsuits in order to be allowed to wed.<ref>{{cite news|url=http://www.pinknews.co.uk/2016/05/26/south-korea-set-for-more-court-battles-over-same-sex-marriage-ban|author=Duffy, Nick|title=South Korea set for more court battles over same-sex marriage ban|newspaper=Pink News|date=26 May 2016}}</ref> | |||
| In December 2016, a South Korean appeals court upheld the district court ruling. The couple vowed to bring the case to the ].<ref>{{cite web|url=http://english.yonhapnews.co.kr/national/2016/12/06/52/0302000000AEN20161206010400315F.html|title=S. Korean court rejects gay couple's appeal over same-sex marriage|publisher=yonhapnews.co.kr|date=6 December 2016}}</ref> | |||
| A 2017 poll found that 41% of South Koreans supported same-sex marriage, while 52% were opposed.<ref>{{cite web|url=http://imnews.imbc.com/replay/2017/nwdesk/article/4482816_21408.html |title=특집 여론조사…국민 59.7% "적폐청산 수사 계속해야" |date=26 December 2017 |publisher=MBC News}}</ref> Support is significantly higher among younger people, however, with a 2014 opinion poll showing that 60% of South Koreans in their 20s supported same-sex marriage, about double that of 2010 (30.5%).<ref> ''The Asian Institute for Policy Studies''</ref> | |||
| ====Venezuela==== | |||
| {{Main|Recognition of same-sex unions in Venezuela}} | |||
| In April 2016, the Supreme Court announced it would hear a lawsuit that seeks to declare Article 44 of the Civil Code unconstitutional for outlawing same-sex marriage.<ref>{{cite web|url=http://venezuelanalysis.com/analysis/11963|title=The Struggle isn't Over": Venezuela Moves Towards Marriage Equality|publisher=Venezuelanalysis.com|date=5 May 2016}}</ref> | |||
| President ] supports same-sex marriage, and has suggested that the National Assembly agree to legally recognize it in 2021.<ref>{{Cite news|author=Reuters Staff|date=2020-10-22|title=Venezuela's Maduro, citing Pope, asks congress to consider same-sex marriage|language=en|work=Reuters|url=https://www.reuters.com/article/us-venezuela-politics-lgbt-idUSKBN27737E|access-date=2021-08-20}}</ref> | |||
| ====Vietnam==== | |||
| {{main|Recognition of same-sex unions in Vietnam}} | |||
| In Vietnam, currently only a marriage between a man and a woman is recognized. Vietnam's Ministry of Justice began seeking advice on legalizing same-sex marriage from other governmental and non-governmental organizations in April and May 2012, and planned to further discuss the issue at the National Assembly in Spring 2013.<ref>{{cite news|title=Vietnam government consults on same-sex marriage|url=http://www.gaystarnews.com/article/vietnam-government-consults-same-sex-marriage200612|access-date=26 January 2013|date=20 June 2012}}</ref> However, in February 2013, the Ministry of Justice requested that the National Assembly avoid action until 2014.<ref>{{cite news|title=Vote on same-sex marriage in Vietnam likely to be delayed until 2014|url=http://www.gaystarnews.com/article/vote-same-sex-marriage-vietnam-likely-be-delayed-until-2014200213}}</ref> | |||
| The Vietnamese Government abolished an administrative fine imposed on same-sex weddings in 2013.<ref>{{cite news|url=http://www.bangkokpost.com/breakingnews/345169/vietnam-ends-same-sex-marriage-fines|title=Vietnam ends same-sex marriage fines|newspaper=Bangkok Post|access-date=6 January 2014}}</ref> | |||
| In June 2013, the National Assembly began formal debate on a proposal to establish legal recognition for same-sex marriage.<ref>{{cite web|url=http://gaynewsnetwork.com.au/news/world/11253-vietnam-national-assembly-begins-debate-on-marriage-equality.html|title=The latest entertainment news for Australia's LGBTIQ community|publisher=Gay News Network|access-date=6 January 2014}}</ref> | |||
| On 27 May 2014, the National Assembly's Committee for Social Affairs removed the provision giving legal status and some rights to cohabiting same-sex couples from the Government's bill to amend the ''Law on Marriage and Family''.<ref>{{cite web|url=http://www.gaystarnews.com/article/vietnamese-lawmakers-back-down-giving-rights-same-sex-couples300514|title=Vietnamese lawmakers back down on giving rights to same-sex couples|date=30 May 2014|website=Gay Star News}}</ref><ref>{{cite web|url=http://www.voanews.com/content/vietnams-proposed-marriage-law-disappoints-lgbt-activists-/1925916.html|title=Vietnam's Proposed Marriage Law Disappoints LGBT Activists|website=VOA|access-date=26 July 2015|archive-url=https://web.archive.org/web/20160128133354/http://www.voanews.com/content/vietnams-proposed-marriage-law-disappoints-lgbt-activists-/1925916.html|archive-date=28 January 2016|url-status=dead}}</ref> The bill was approved by the National Assembly on 19 June 2014.<ref>{{cite web|url=http://thanhniennews.com/politics/vietnam-allows-surrogacy-within-families-denies-samesex-marriage-27502.html|title=Vietnam allows surrogacy within families, denies same-sex marriage|website=Thanh Nien Daily|access-date=26 July 2015|date=20 June 2014}}</ref><ref>{{cite web|url=http://tuoitrenews.vn/society/20478/vietnam-removes-ban-on-same-sex-marriage|title=Vietnam removes ban on same sex marriage|newspaper=Tuoi Tre|access-date=26 July 2015}}</ref> | |||
| On 1 January 2015, the ''2014 Law on Marriage and Family'' officially went into effect. It states that while Vietnam allows same-sex weddings, it will not offer legal recognition or protection to unions between people of the same sex.<ref>{{cite web|url=http://www.marilynstowe.co.uk/2014/12/29/vietnam-set-to-lift-gay-marriage-ban/|title=Vietnam set to lift gay marriage ban|website=Marilyn Stowe Blog|access-date=26 July 2015|date=29 December 2014}}</ref> | |||
| ===International organizations=== | |||
| The terms of employment of the staff of ] (not ]) in most cases are not governed by the laws of the country where their offices are located. Agreements with the host country safeguard these organizations' impartiality. | |||
| Despite their relative independence, few organizations recognize same-sex partnerships without condition. The agencies of the ] recognize same-sex marriages if the country of citizenship of the employees in question recognizes the marriage.<ref>{{cite web|title=UN Secretary-General Bulletin|url=http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N04/522/40/PDF/N0452240.pdf|publisher=United Nations|access-date=25 September 2012}}</ref> In some cases, these organizations do offer a limited selection of the benefits normally provided to mixed-sex married couples to de facto partners or ]s of their staff, but even individuals who have entered into a mixed-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the ] does recognize domestic partners.<ref>{{cite web|url=http://web.worldbank.org/WBSITE/EXTERNAL/EXTHRJOBS/0,,contentMDK:20522360~menuPK:1353209~pagePK:64262408~piPK:64262191~theSitePK:1058433,00.html|title=Jobs — Compensation & Benefits|publisher=The World Bank Group|access-date=8 March 2007}}</ref> | |||
| ==Other arrangements== | ==Other arrangements== | ||
| ===Civil unions=== | ===Civil unions=== | ||
| {{Main|Civil union}} | {{Main|Civil union}} | ||
| ] against ], reject the notion of ], describing them as inferior to the legal recognition of same-sex marriage.<ref name=Towleroad>{{ |
] against ], reject the notion of ], describing them as inferior to the legal recognition of same-sex marriage.<ref name="Towleroad">{{Cite web |last=Towle |first=Andy |date=13 November 2008 |title=NYC Protest and Civil Rights March Opposing Proposition 8 |url=http://www.towleroad.com/2008/11/we-did-it.html |url-status=live |archive-url=https://web.archive.org/web/20090213224331/http://www.towleroad.com/2008/11/we-did-it.html |archive-date=13 February 2009 |access-date=28 September 2012 |publisher=]}}</ref>]] | ||
| Civil union, ], ], ], unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of {{date}}, countries that have an alternative form of legal recognition other than marriage on a national level are: ], ], ], ], the ], ], ], ], ], ], ] |
Civil union, ], ], ], unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of {{date}}, countries that have an alternative form of legal recognition other than marriage on a national level are: ], ], ], the ], ], ], ], ], ], ] and ].<ref name="countries and states legal">{{Cite web |last=Pearson |first=Mary |title=Where is Gay Marriage Legal? |url=http://christiangays.com/marriage/legal.shtml |url-status=dead |archive-url=https://web.archive.org/web/20120301004148/http://christiangays.com/marriage/legal.shtml |archive-date=1 March 2012 |access-date=20 February 2012 |publisher=christiangays.com}}</ref><ref>{{Cite web |last=Williams |first=Steve |title=Which Countries Have Legalized Gay Marriage? |url=http://www.care2.com/causes/which-countries-have-legalized-gay-marriage.html |url-status=live |archive-url=https://web.archive.org/web/20190429011118/https://www.care2.com/causes/which-countries-have-legalized-gay-marriage.html |archive-date=29 April 2019 |access-date=20 February 2012 |publisher=Care2.com (news.bbc.co.uk as source)}}</ref> Same-sex marriage performed remotely or abroad is recognized with full marital rights by ]. ] offers more limited rights. Additionally, various cities and counties in ] and ] offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. | ||
| Additionally, |
Additionally, eighteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: ], ], ], ], ], ], ], ], ], ], ], ], the ], ], ], ], the ] and ].<ref>{{Cite web |title=Loi du 9 juillet 2004 relative aux effets légaux de certains partenariats. – Legilux |url=http://eli.legilux.public.lu/eli/etat/leg/loi/2004/07/09/n3 |url-status=live |archive-url=https://web.archive.org/web/20160911061405/http://eli.legilux.public.lu/eli/etat/leg/loi/2004/07/09/n3 |archive-date=11 September 2016 |access-date=7 July 2017 |website=Eli.legilux.public.lu}}</ref><ref>{{Cite web |date=12 March 2007 |title=Loi n° 99-944 du 15 novembre 1999 relative au pacte civil de solidarité |url=http://www.legifrance.gouv.fr/affichTexte.do;jsessionid=0F15B99854A4FE47659F950BE42DF000.tpdjo05v_3?cidTexte=LEGITEXT000005628705&dateTexte=vig |url-status=live |archive-url=https://web.archive.org/web/20190816215959/https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=0F15B99854A4FE47659F950BE42DF000.tpdjo05v_3?cidTexte=LEGITEXT000005628705&dateTexte=vig |archive-date=16 August 2019 |access-date=7 July 2017 |website=Legifrance.gouv.fr |language=fr}}</ref><ref>{{Cite web |title=WETTEN, DECRETEN, ORDONNANTIES EN VERORDENINGEN LOIS, DECRETS, ORDONNANCES ET REGLEMENTS |url=http://www.ejustice.just.fgov.be/mopdf/2000/03/02_1.pdf |url-status=live |archive-url=https://web.archive.org/web/20190429011144/http://www.ejustice.just.fgov.be/mopdf/2000/03/02_1.pdf |archive-date=29 April 2019 |access-date=7 July 2017 |website=Ejustice.jkust.fgov.be}}</ref><ref>{{Cite web |title=Civil Partnership Act 2004 |url=http://www.legislation.gov.uk/ukpga/2004/33/contents |url-status=live |archive-url=https://web.archive.org/web/20190429011336/http://www.legislation.gov.uk/ukpga/2004/33/contents |archive-date=29 April 2019 |access-date=5 July 2017 |website=Legislation.gov.uk}}</ref> | ||
| They are also available in parts of the United States (]{{ |
They are also available in parts of the United States (],{{efn|Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.}} ], ], ], ], ], ] and ]) and Canada.<ref>{{Cite web |title=Same-Sex Marriage, Civil Unions and Domestic Partnerships |url=http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx |url-status=live |archive-url=https://web.archive.org/web/20130610003023/http://www.ncsl.org/issues-research/human-services/same-sex-marriage-overview.aspx |archive-date=10 June 2013 |access-date=20 February 2012 |publisher=National Conference of State Legislatures}}</ref><ref>{{Cite news |last=Ramstack, Tom |date=11 January 2010 |title=Congress Considers Outcome of D.C. Gay Marriage Legislation |work=AHN |url=http://www.allheadlinenews.com/articles/7017501996?Congress%20Considers%20Outcome%20of%20D.C.%20Gay%20Marriage%20Legislation |url-status=dead |archive-url=https://web.archive.org/web/20100620042439/http://www.allheadlinenews.com/articles/7017501996?Congress%20Considers%20Outcome%20of%20D.C.%20Gay%20Marriage%20Legislation |archive-date=20 June 2010}}</ref> | ||
| ===Non-sexual same-sex marriage=== | ===Non-sexual same-sex marriage=== | ||
| Line 866: | Line 474: | ||
| ====Nigeria==== | ====Nigeria==== | ||
| {{main| |
{{main|Recognition of same-sex unions in Nigeria}} | ||
| Among the ] and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.<ref name=NigeriaTribune>{{ |
Among the ] and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.<ref name="NigeriaTribune">{{Cite web |last=Igwe |first=Leo |date=19 June 2009 |title=Tradition of same gender marriage in Igboland |url=http://www.tribune.com.ng/19062009/opinion.html |archive-url=https://web.archive.org/web/20100111010506/http://www.tribune.com.ng/19062009/opinion.html |archive-date=11 January 2010 |website=Nigerian Tribune}}</ref> | ||
| == Studies == | == Studies == | ||
| The ] stated on 26 February 2004:{{ |
The ] stated on 26 February 2004:{{blockquote|text=The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.<ref name="aaa">{{Cite web |last=American Anthropological Association |author-link=American Anthropological Association |year=2004 |title=Statement on Marriage and the Family |url=http://www.aaanet.org/issues/policy-advocacy/Statement-on-Marriage-and-the-family.cfm |url-status=live |archive-url=https://web.archive.org/web/20150912104755/http://www.aaanet.org/issues/policy-advocacy/Statement-on-Marriage-and-the-Family.cfm |archive-date=12 September 2015 |access-date=18 September 2015}}</ref>}} | ||
| Research findings from 1998 to 2015 from the ], ], ], the ], the ], ], the ], the ], ], ], the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.<ref>{{ |
Research findings from 1998 to 2015 from the ], ], ], the ], the ], ], the ], the ], ], ], the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.<ref>{{Cite news |date=26 June 2015 |title=Same-sex marriage and children's well-being: Research roundup |work=Journalist's Resource |url=http://journalistsresource.org/studies/society/gender-society/same-sex-marriage-children-well-being-research-roundup |url-status=live |access-date=29 December 2015 |archive-url=https://web.archive.org/web/20160102172415/http://journalistsresource.org/studies/society/gender-society/same-sex-marriage-children-well-being-research-roundup |archive-date=2 January 2016}}</ref>{{vague|date=February 2021}} | ||
| The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors.<ref>{{Cite journal |doi = 10.1002/pam.22587|title = A review of the effects of legal access to same-sex marriage |journal = Journal of Policy Analysis and Management|year = 2024|last1=Badgett|first1=M.V. Lee|last2=Carpenter|first2=Christopher S.|last3=Lee|first3=Maxine J.|last4=Sansone|first4 = Dario|doi-access=free|hdl=10871/135707|hdl-access=free}}</ref> The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities. | |||
| === Adolescence === | |||
| A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among school students in grades 9–12 declined by 7% and the rate of attempted suicide among high schoolers of a minority sexual orientation in grades 9–12 declined by 14% in states that established same-sex marriage, resulting in about 134,000 fewer attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among youth in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among youth in that state became permanent. No reduction in the rate of attempted suicide among teenage youth occurred in a particular state until that state recognized same-sex marriage.<ref name="JAMA">{{Cite journal|last1=Raifman|first1=Julia|last2=Moscoe|first2=Ellen|last3=Austin|first3=S. Bryn|last4=McConnell|first4=Margaret|year=2017|title=Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts|journal=JAMA Pediatrics|volume=171|issue=4|pages=350–356|doi=10.1001/jamapediatrics.2016.4529|pmc=5848493|pmid=28241285}}</ref><ref>{{cite web|date=20 February 2017|title=Same-Sex Marriage Legalization Linked to Reduction in Suicide Attempts Among High School Students|url=https://www.jhsph.edu/news/news-releases/2017/same-sex-marriage-legalization-linked-to-reduction-in-suicide-attempts-among-high-school-students.html|website=]}}</ref> The lead researcher of the study stated that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".<ref>{{cite web|date=20 February 2017|title=Study: Teen suicide attempts fell as same-sex marriage was legalized|url=https://www.usatoday.com/story/news/nation/2017/02/20/teen-suicide-down-as-same-sex-marriage-legalized-study/98179684/|website=]}}</ref><ref>{{cite web|date=20 February 2017|title=Same-sex marriage laws linked to fewer youth suicide attempts, new study says|url=https://www.pbs.org/newshour/health/same-sex-marriage-fewer-youth-suicide|website=]}}</ref><ref>{{Cite news|date=23 February 2017|title=Same-sex marriage laws tied to fewer teen suicide attempts|journal=Reuters|url=https://www.reuters.com/article/us-health-pediatrics-suicide-lgbt/same-sex-marriage-laws-tied-to-fewer-teen-suicide-attempts-idUSKBN1612SP}}</ref> | |||
| ===Parenting=== | |||
| {{main|LGBT parenting}} | |||
| ] | |||
| Professional organizations of psychologists have concluded that children stand to benefit from the well-being that results when their parents' relationship is recognized and supported by society's institutions, e.g. civil marriage. For example, the ] (CPA) stated in 2006 that "parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally-recognized union."<ref name="cpa2006" /> The CPA has stated that the stress encountered by gay and lesbian parents and their children are more likely the result of the way society treats them than because of any deficiencies in fitness to parent.<ref name="cpa2006" /> | |||
| The ] concluded in 2006, in an analysis published in the journal '']'':{{quote|There is ample evidence to show that children raised by same-gender parents fare as well as those raised by heterosexual parents. More than 25 years of research have documented that there is no relationship between parents' sexual orientation and any measure of a child's emotional, psychosocial, and behavioral adjustment... The rights, benefits, and protections of civil marriage can further strengthen these families.''<ref name="aap2006"/>}} | |||
| ===Health=== | ===Health=== | ||
| {{as of|2006}}, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.<ref name="aap2006" /><ref name="autogenerated4">Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." ''American Psychologist,'' Vol 61(6), September 2006, pp. 607–21.</ref>{{update inline|date=December 2023}} Studies in the United States have correlated legalization of same-sex marriage to lower rates of HIV infection,<ref>{{Cite web |author=Elaine Justice |title=Study Links Gay Marriage Bans to Rise in HIV infections |url=http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html |url-status=live |archive-url=https://web.archive.org/web/20100409072056/http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html |archive-date=9 April 2010 |access-date=5 November 2010 |publisher=Emory University}}</ref><ref>{{Cite journal |last=Peng |first=Handie |title=The Effect of Same-Sex Marriage Laws on Public Health and Welfare |journal=Userwww.service.emory.edu |url=https://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare |url-status=live |archive-url=https://web.archive.org/web/20120220025915/http://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare |archive-date=20 February 2012 |access-date=11 February 2012}}</ref> psychiatric disorders,<ref>{{Cite web |last=Hasin |first=Deborah |title=Lesbian, gay, bisexual individuals risk psychiatric disorders from discriminatory policies |url=http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php |url-status=live |archive-url=https://web.archive.org/web/20130227012518/http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php |archive-date=27 February 2013 |access-date=20 September 2012 |publisher=]}}</ref><ref name="psychtoday">{{Cite news |last=Mustanski |first=Brian |date=22 March 2010 |title=New study suggests bans on gay marriage hurt mental health of LGB people |work=] |url=http://www.psychologytoday.com/blog/the-sexual-continuum/201003/new-study-suggests-bans-gay-marriage-hurt-mental-health-lgb-people |access-date=8 November 2010}}</ref> and ].<ref name="JAMA">{{Cite journal |last1=Raifman |first1=Julia |last2=Moscoe |first2=Ellen |last3=Austin |first3=S. Bryn |last4=McConnell |first4=Margaret |year=2017 |title=Difference-in-Differences Analysis of the Association Between State Same-Sex Marriage Policies and Adolescent Suicide Attempts|journal=JAMA Pediatrics |volume=171 |issue=4 |pages=350–356 |doi=10.1001/jamapediatrics.2016.4529 |pmc=5848493 |pmid=28241285}}</ref><ref>{{Cite web |date=20 February 2017 |title=Same-Sex Marriage Legalization Linked to Reduction in Suicide Attempts Among High School Students |url=https://www.jhsph.edu/news/news-releases/2017/same-sex-marriage-legalization-linked-to-reduction-in-suicide-attempts-among-high-school-students.html |url-status=live |archive-url=https://web.archive.org/web/20190429010934/https://www.jhsph.edu/news/news-releases/2017/same-sex-marriage-legalization-linked-to-reduction-in-suicide-attempts-among-high-school-students.html |archive-date=29 April 2019 |access-date=8 June 2018 |website=]}}</ref> | |||
| The ] stated in 2004: "Denial of access to marriage to same-sex couples may especially harm people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, socioeconomic status and so on." It has also averred that same-sex couples who may only enter into a civil union, as opposed to a marriage, "are denied equal access to all the benefits, rights, and privileges provided by federal law to those of married couples", which has adverse effects on the well-being of same-sex partners.<ref name="psychological">{{cite web|author=American Psychological Association|author-link=American Psychological Association|year=2004|title=Resolution on Sexual Orientation and Marriage|url=http://www.apa.org/about/governance/council/policy/gay-marriage.pdf|url-status=dead|archive-url=https://web.archive.org/web/20110511190536/http://www.apa.org/about/governance/council/policy/gay-marriage.pdf|archive-date=11 May 2011|access-date=10 November 2010}}</ref> | |||
| {{as of|2006}}, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.<ref name="aap2006" /><ref name="autogenerated4">Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." ''American Psychologist,'' Vol 61(6), September 2006, pp. 607–21.</ref> | |||
| In 2009, a pair of economists at ] tied the passage of state bans on same-sex marriage in the United States to an increase in the rates of HIV infection.<ref>{{cite web|author=Contact: Elaine Justice: 404.727.0643|title=Study Links Gay Marriage Bans to Rise in HIV infections|url=http://www.emory.edu/home/news/releases/2009/06/study-links-gay-marriage-bans-to-rise-in-hiv-rate.html|access-date=5 November 2010|publisher=Emory University}}</ref><ref>{{Cite journal|last=Peng|first=Handie|title=The Effect of Same-Sex Marriage Laws on Public Health and Welfare|url=https://emory.academia.edu/HandiePeng/Papers/430809/The_Effects_of_Same-Sex_Marriage_Laws_on_Public_Health_and_Welfare|journal=Userwww.service.emory.edu|access-date=11 February 2012}}</ref> The study linked the passage of a same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population.<ref>{{cite journal|last1=Francis|first1=AM|last2=Mialon|first2=HM|author8=Andrew M. Francis, Hugo M. Mialon|date=March 2010|title=Tolerance and HIV|url=http://userwww.service.emory.edu/~hmialon/Tolerance_and_HIV.pdf|journal=Journal of Health Economics|volume=29|issue=2|pages=250–267|doi=10.1016/j.jhealeco.2009.11.016|pmid=20036431|access-date=19 July 2010}}</ref> In 2010, a ] study examining the effects of institutional discrimination on the psychiatric health of lesbian, gay and bisexual (LGB) individuals found an increase in psychiatric disorders, including a more than doubling of ], among the LGB population living in states that instituted bans on same-sex marriage. According to the author, the study highlighted the importance of abolishing institutional forms of discrimination, including those leading to disparities in the mental health and well-being of LGB individuals. Institutional discrimination is characterized by societal-level conditions that limit the opportunities and access to resources by socially disadvantaged groups.<ref>{{cite web|last=Hasin|first=Deborah|title=Lesbian, gay, bisexual individuals risk psychiatric disorders from discriminatory policies|url=http://www.eurekalert.org/pub_releases/2010-03/cums-lgb030210.php|access-date=20 September 2012|publisher=]}}</ref><ref name="psychtoday">{{cite news|last=Mustanski|first=Brian|date=22 March 2010|title=New study suggests bans on gay marriage hurt mental health of LGB people|newspaper=]|url=http://www.psychologytoday.com/blog/the-sexual-continuum/201003/new-study-suggests-bans-gay-marriage-hurt-mental-health-lgb-people|access-date=8 November 2010}}</ref> | |||
| ==Issues== | ==Issues== | ||
| {{See also|LGBT rights opposition}} | {{See also|LGBT rights opposition}} | ||
| While few societies have recognized same-sex unions as marriages, the ] reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation.{{citation needed|date=June 2018}} Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising,<ref name="Laurie">{{ |
While few societies have recognized same-sex unions as marriages,{{update inline|date=January 2024}} the ] reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation.{{citation needed|date=June 2018}} Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising,<ref name="Laurie">{{Cite web |last=Laurie |first=Timothy |date=3 June 2015 |title=Bigotry or biology: the hard choice for an opponent of marriage equality |url=http://www.abc.net.au/news/2015-06-03/laurie-bigotry-or-biology/6514156 |url-status=live |archive-url=https://web.archive.org/web/20150604151718/http://www.abc.net.au/news/2015-06-03/laurie-bigotry-or-biology/6514156 |archive-date=4 June 2015 |access-date=4 June 2015 |publisher=The Drum}}</ref> undermines a right of children to be raised by their biological mother and father.<ref>{{Cite news |last=Blankenhorn |first=David |date=19 September 2008 |title=Protecting marriage to protect children |work=Los Angeles Times |url=https://www.latimes.com/news/opinion/commentary/la-oe-blankenhorn19-2008sep19,0,6057126.story |url-status=live |access-date=6 October 2009 |archive-url=https://web.archive.org/web/20090904154130/http://www.latimes.com/news/opinion/commentary/la-oe-blankenhorn19-2008sep19,0,6057126.story |archive-date=4 September 2009}}</ref> Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships,<ref name="findlaw1">{{Cite web |title=See discussion of prenuptial and postmarital agreements at Findlaw |url=http://family.findlaw.com/marriage/marriage-agreements |url-status=dead |archive-url=https://web.archive.org/web/20101025170627/http://family.findlaw.com/marriage/marriage-agreements/ |archive-date=25 October 2010 |access-date=5 November 2010 |publisher=Family.findlaw.com}}</ref> while others argue that same-sex marriages would provide social benefits to same-sex couples.{{efn|1=Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at {{Cite web |title=Dale Carpenter |url=http://www.indegayforum.org/staff/show/91.html |url-status=dead |archive-url=https://web.archive.org/web/20061117201231/http://www.indegayforum.org/staff/show/91.html |archive-date=17 November 2006 |access-date=31 October 2006 |website=Independent Gay Forum}} }} The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.{{citation needed|date=July 2017}} | ||
| ===Parenting=== | ===Parenting=== | ||
| {{Main|LGBT parenting|Same-sex marriage and the family}} | {{Main|LGBT parenting|Same-sex marriage and the family}} | ||
| ] | ] | ||
| Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.<ref name="amici">{{ |
Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.<ref name="amici">{{Cite web |title=Brief of the American Psychological Association, The California Psychological Association, the American Psychiatric Association, and the American Association for Marriage and Family Therapy as amici curiae in support of plaintiff-appellees – Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |url-status=live |archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |archive-date=13 April 2015 |access-date=5 November 2010}}</ref><ref name="cpa2006">{{Cite web |year=2006 |title=Marriage of Same-Sex Couples – 2006 Position Statement Canadian Psychological Association |url=http://www.cpa.ca/cpasite/userfiles/Documents/Marriage%20of%20Same-Sex%20Couples%20Position%20Statement%20-%20October%202006%20(1).pdf |archive-url=https://web.archive.org/web/20090419195945/http://www.cpa.ca/cpasite/userfiles/Documents/Marriage%20of%20Same-Sex%20Couples%20Position%20Statement%20-%20October%202006%20%281%29.pdf |archive-date=19 April 2009}}</ref><ref>{{Cite journal |display-authors=etal |vauthors=Pawelski JG, Perrin EC, Foy JM |date=July 2006 |title=The effects of marriage, civil union, and domestic partnership laws on the health and well-being of children |journal=] |volume=118 |issue=1 |pages=349–64 |doi=10.1542/peds.2006-1279 |pmid=16818585 |s2cid=219194821 |doi-access=}}</ref><ref>{{Cite web |last=Lamb |first=Michael |title=Expert Affidavit for U.S. District Court (D. Mass. 2009) |url=http://www.glad.org/uploads/docs/cases/pedersen-v-opm/2011-09-14-pedersen-lamb-rebuttal-afffidavit.pdf |url-status=live |archive-url=https://web.archive.org/web/20150924022457/http://www.glad.org/uploads/docs/cases/pedersen-v-opm/2011-09-14-pedersen-lamb-rebuttal-afffidavit.pdf |archive-date=24 September 2015 |access-date=24 July 2012 |publisher=Gay & Lesbian Advocates & Defenders}}</ref><ref name="AAP-Discovery">{{Cite web |date=22 March 2013 |title=Pediatricians: Gay Marriage Good for Kids' Health |url=http://news.discovery.com/human/health/pediatricians-gay-marriage-is-good-for-kids-health-130322.htm |url-status=live |archive-url=https://web.archive.org/web/20141112053402/http://news.discovery.com/human/health/pediatricians-gay-marriage-is-good-for-kids-health-130322.htm |archive-date=12 November 2014 |access-date=11 April 2013 |publisher=news.discovery.com}}</ref> | ||
| Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.<ref name=cpa2006/><ref name="AAP-Discovery" /><ref name=apsp>{{ |
Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents.<ref name=cpa2006/><ref name="AAP-Discovery" /><ref name="apsp">{{Cite web |title=Elizabeth Short, Damien W. Riggs, Amaryll Perlesz, Rhonda Brown, Graeme Kane: Lesbian, Gay, Bisexual and Transgender (LGBT) Parented Families – A Literature Review prepared for The Australian Psychological Society |url=http://www.psychology.org.au/Assets/Files/LGBT-Families-Lit-Review.pdf |url-status=dead |archive-url=https://web.archive.org/web/20110304014530/http://www.psychology.org.au/Assets/Files/LGBT-Families-Lit-Review.pdf |archive-date=4 March 2011 |access-date=5 November 2010}}</ref><ref name="amici2010">{{Cite web |title=Brief of the American Psychological Association, The California Psychological Association, The American Psychiatric Association, and The American Association of Marriage and Family Therapy as Amici Curiae in Support of Plaintiff-Appellees |url=http://www.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |url-status=live |archive-url=https://web.archive.org/web/20150413160709/http://cdn.ca9.uscourts.gov/datastore/general/2010/10/27/amicus29.pdf |archive-date=13 April 2015 |access-date=28 September 2012 |publisher=]}}</ref> According to scientific literature reviews, there is no evidence to the contrary.<ref name="aap2006">{{Cite journal |last1=Pawelski |first1=J.G. |last2=Perrin |first2=E.C. |last3=Foy |first3=J.M. |last4=Allen |first4=C.E. |last5=Crawford |first5=J.E. |last6=Del Monte |first6=M. |last7=Kaufman |first7=M. |last8=Klein |first8=J.D. |last9=Smith |first9=K. |last10=Springer |first10=S. |last11=Tanner |first11=J.L. |last12=Vickers |first12=D.L. |year=2006 |title=The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children |journal=Pediatrics |volume=118 |issue=1 |pages=349–64 |doi=10.1542/peds.2006-1279 |pmid=16818585 |s2cid=219194821 |doi-access=}}</ref><ref name="herek">{{Cite journal |last=Herek, GM |date=September 2006 |title=Legal recognition of same-sex relationships in the United States: a social science perspective |url=http://psychology.ucdavis.edu/rainbow/html/AP_06_pre.PDF |url-status=dead |journal=The American Psychologist |volume=61 |issue=6 |pages=607–21 |doi=10.1037/0003-066X.61.6.607 |pmid=16953748 |archive-url=https://web.archive.org/web/20100610164736/http://psychology.ucdavis.edu/rainbow/html/AP_06_pre.PDF |archive-date=10 June 2010}}</ref><ref name="How Does the Gender of Parents Matter?">{{Cite journal |last1=Biblarz, Timothy J. |last2=Stacey, Judith |date=February 2010 |title=How Does the Gender of Parents Matter? |url=http://www.famigliearcobaleno.org/public/documenti/file/How-Does-the-Gender-of-Parents-Matter.pdf |url-status=dead |journal=Journal of Marriage and Family |volume=72 |issue=1 |pages=3–22 |citeseerx=10.1.1.593.4963 |doi=10.1111/j.1741-3737.2009.00678.x |archive-url=https://web.archive.org/web/20130512111336/http://www.famigliearcobaleno.org/public/documenti/file/How-Does-the-Gender-of-Parents-Matter.pdf |archive-date=12 May 2013}}</ref><ref name="cpa2005">{{Cite web |title=Brief presented to the Legislative House of Commons Committee on Bill C38 by the Canadian Psychological Association – 2 June 2005. |url=http://www.cpa.ca/cpasite/UserFiles/Documents/advocacy/brief.pdf |url-status=dead |archive-url=https://web.archive.org/web/20121013225547/http://www.cpa.ca/cpasite/userfiles/Documents/advocacy/brief.pdf |archive-date=13 October 2012 |access-date=7 August 2018}}</ref>{{update inline|date=December 2023}} | ||
| Compared to heterosexual couples, same-sex couples have a greater need for ] or ] to become parents. Lesbian couples often use ] to achieve pregnancy, and ] (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. ] is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.<ref>{{cite journal |last1=Goldberg |first1=Abbie E. |title=LGBTQ-parent families: Diversity, intersectionality, and social context |journal=Current Opinion in Psychology |date=February 2023 |volume=49 |pages=101517 |doi=10.1016/j.copsyc.2022.101517|pmid=36502588 |s2cid=253665001 |url=https://commons.clarku.edu/faculty_psychology/4 }}</ref><ref>{{cite journal |last1=Leal |first1=Daniela |last2=Gato |first2=Jorge |last3=Coimbra |first3=Susana |last4=Freitas |first4=Daniela |last5=Tasker |first5=Fiona |title=Social Support in the Transition to Parenthood Among Lesbian, Gay, and Bisexual Persons: A Systematic Review |journal=Sexuality Research and Social Policy |date=December 2021 |volume=18 |issue=4 |pages=1165–1179 |doi=10.1007/s13178-020-00517-y|hdl=10216/132451 |hdl-access=free }}</ref> | |||
| ====Adoption==== | ====Adoption==== | ||
| {{main|LGBT adoption}} | {{main|LGBT adoption}} | ||
| [[File:World same-sex adoption laws.svg| |
[[File:World same-sex adoption laws.svg|center|thumb|upright=3|Legal status of adoption by same-sex couples around the world: {{legend|#800080|Joint adoption allowed}} | ||
| {{legend|#ba75ff|Second-parent (stepchild) adoption allowed |
{{legend|#ba75ff|Second-parent (stepchild) adoption allowed}} | ||
| {{legend|# |
{{legend|#CCCCCC|No laws allowing adoption by same-sex couples and no same-sex marriage}} | ||
| {{legend|#E4D69D|Same-sex marriage but adoption by married same-sex couples not allowed}} | |||
| All states that allow same-sex marriage also allow the joint ] of children by people of the same sex{{citation needed|date=October 2021}} with the exceptions of Jalisco, Nayarit and Quintana Roo in Mexico. In addition, ] and ], which do not recognize same-sex marriage nonetheless permit joint adoption by unmarried same-sex couples. Some additional states allow stepchild adoption by those who are in a same-sex relationship but are unmarried: ], ], ] (on a case-by-case basis), ] and ].<ref>{{cite web|url=https://euroclashblog.wordpress.com/2015/01/16/austrian-court-rules-to-allow-same-sex-adoptions/|title=Austrian court rules to allow same-sex adoptions|website=The Privateer|date=16 January 2016|access-date=8 October 2017}}</ref> | |||
| ]] | |||
| All states that allow same-sex marriage also allow the joint ] of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely the Czech Republic and San Marino.{{citation needed|date=December 2023}} | |||
| As of 2010, more than 16,000 same-sex couples were raising an estimated 22,000 adopted children in the United States,<ref>{{cite web|title=LGBT Adoption Statistics|url=http://www.lifelongadoptions.com/lgbt-adoption/lgbt-adoption-statistics|website=lifelongadoptions.com|access-date=13 February 2016}}</ref> 4% of all adopted children.<ref>{{cite web|title=Families are created with love|url=http://gayadoption.org/facts-supporting-gay-adoption|website=gayadoption.org|access-date=13 February 2016}}</ref> | |||
| ====Surrogacy and IVF treatment==== | |||
| {{main|Assisted reproductive technology}} | |||
| A gay or bisexual man has the option of ], the process in which a woman bears a child for another person through ] or carries another woman's surgically implanted ] to birth. A lesbian or bisexual woman has the option of artificial insemination.<ref>The Fertility Sourcebook, Third Edition – Page 245, M. Sara Rosenthal – 2002</ref><ref>An Introduction to Family Social Work – Page 348, Donald Collins, Catheleen Jordan, Heather Coleman – 2009</ref> Whether these arrangements are legal are subject to controversy in several jurisdictions.<ref>{{Cite web|title=Same-sex couples seeking IVF on the NHS face discrimination|url=https://vardags.com/family-law/same-sex-discrimination-fertility|access-date=2021-09-20|website=vardags.com|language=en}}</ref> | |||
| ===Transgender and intersex people=== | ===Transgender and intersex people=== | ||
| Line 921: | Line 515: | ||
| The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are ], depending on how sex is defined within a jurisdiction. Transgender and ] individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions.{{citation needed|date=February 2021}} In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.<ref>Bockting, Walter, Autumn Benner, and Eli Coleman. "Gay and Bisexual Identity Development Among Female-to-Male Transsexuals in North America: Emergence of a Transgender Sexuality." ''Archives of Sexual Behavior'' 38.5 (October 2009): 688–701. Academic Search Premier. EBSCO. 29 September 2009</ref> | The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are ], depending on how sex is defined within a jurisdiction. Transgender and ] individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions.{{citation needed|date=February 2021}} In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.<ref>Bockting, Walter, Autumn Benner, and Eli Coleman. "Gay and Bisexual Identity Development Among Female-to-Male Transsexuals in North America: Emergence of a Transgender Sexuality." ''Archives of Sexual Behavior'' 38.5 (October 2009): 688–701. Academic Search Premier. EBSCO. 29 September 2009</ref> | ||
| In the United Kingdom, the '']'' allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate{{citation needed|date=February 2020}}, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006.<ref>{{ |
In the United Kingdom, the '']'' allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate{{citation needed|date=February 2020}}, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their ] marker corrected was found to be unconstitutional in 2006.<ref>{{Cite web |date=5 July 2006 |title=Austria gets first same-sex marriage |url=http://www.365gay.com/Newscon06/07/070506austria.htm |archive-url=https://web.archive.org/web/20071017161302/http://365gay.com/Newscon06/07/070506austria.htm |archive-date=17 October 2007 |access-date=20 July 2008 |publisher=365gay.com}}</ref> In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013.<ref>{{Cite web |date=11 January 2013 |title=Sweden ends forced sterilization of trans |url=http://www.gaystarnews.com/article/sweden-ends-forced-sterilization-trans110113 |url-status=dead |archive-url=https://web.archive.org/web/20180612234631/https://www.gaystarnews.com/article/sweden-ends-forced-sterilization-trans110113/ |archive-date=12 June 2018 |access-date=10 October 2017 |website=gaystarnews.com}}</ref> In the United States, transgender and intersex marriages was subject to legal complications.<ref>{{Cite journal |last=Deborah |first=Anthony |date=Spring 2012 |title=CAUGHT IN THE MIDDLE: TRANSSEXUAL MARRIAGE AND THE DISCONNECT BETWEEN SEX AND LEGAL SEX. |journal=Texas Journal of Women & the Law |volume=21 |issue=2}}</ref> As definitions and enforcement of marriage are defined by the states, these complications vary from state to state,<ref>{{Cite news |last=Schwartz |first=John |date=18 September 2009 |title=U.S. Defends Marriage Law |work=The New York Times |url=https://www.nytimes.com/2009/09/19/us/19brfs-USDEFENDSMAR_BRF.html |url-status=live |access-date=29 September 2009 |archive-url=https://web.archive.org/web/20140714172436/http://www.nytimes.com/2009/09/19/us/19brfs-USDEFENDSMAR_BRF.html |archive-date=14 July 2014}}</ref> as some of them prohibit legal changes of gender.<ref>{{Cite web |title=Movement Advancement Project {{!}} Equality Maps |url=http://www.lgbtmap.org/equality-maps |url-status=live |archive-url=https://web.archive.org/web/20190422164047/http://www.lgbtmap.org/equality-maps |archive-date=22 April 2019 |access-date=2019-04-19 |website=www.lgbtmap.org |language=en}}</ref> | ||
| ===Divorce=== | ===Divorce=== | ||
| {{Main|Divorce of same-sex couples}} | {{Main|Divorce of same-sex couples}} | ||
| In the United States |
In the United States before the case of '']'', couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.<ref>{{Cite web |author=Matthew S. Coleman |date=16 September 2015 |title=Obergefell v. Hodges |url=http://www.einhornharris.com/familylawblog/obergefell-v-hodges |url-status=live |archive-url=https://web.archive.org/web/20151224103921/http://www.einhornharris.com/familylawblog/obergefell-v-hodges/ |archive-date=24 December 2015 |access-date=8 November 2015 |publisher=Einhorn Harris}}</ref> | ||
| ===Judicial and legislative=== | ===Judicial and legislative=== | ||
| {{Main|Conflict of marriage laws#Same-sex marriage}} | {{Main|Conflict of marriage laws#Same-sex marriage}} | ||
| There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "]" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.<ref>{{ |
There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "]" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.<ref name="USA Today">{{Cite news |last=Leff |first=Lisa |date=4 December 2008 |title=Poll: Calif. gay marriage ban driven by religion |work=USA Today |agency=Associated Press |url=https://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-url=https://web.archive.org/web/20081208080418/http://www.usatoday.com/news/religion/2008-12-04-gay-poll_N.htm |archive-date=8 December 2008}} archived here.</ref> | ||
| In contrast, a ] view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.<ref>{{ |
In contrast, a ] view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.<ref name="bbc">{{Cite news |last=Mirchandani, Rajesh |date=12 November 2008 |title=Divisions persist over gay marriage ban |work=BBC News |url=http://news.bbc.co.uk/2/hi/americas/7723645.stm |url-status=live |access-date=18 December 2008 |archive-url=https://web.archive.org/web/20140428173747/http://news.bbc.co.uk/2/hi/americas/7723645.stm |archive-date=28 April 2014}}</ref> | ||
| ==Public opinion== | ==Public opinion== | ||
| {{See also|Public opinion of same-sex marriage in the United States|Public opinion of same-sex marriage in Australia}} | |||
| [[File:Public Support of Same-Sex Marriage.svg|center|thumb|upright=3|Public opinion of same-sex marriage. Fraction in favor:<ref>For ease of comparison, only 'yes' and 'no' responses are counted. For old polling data, support figures have been adjusted upward @1%/year.</ref> | |||
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| {{See also|Public opinion of same-sex marriage in the United States|Public opinion of same-sex marriage in Australia}} | |||
| Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.<ref name="Gallup2011">{{ |
Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.<ref name="Gallup2011">{{Cite web |last=Newport |first=Frank |date=20 May 2011 |title=For First Time, Majority of Americans Favor Legal Gay Marriage |url=http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx |url-status=live |archive-url=https://web.archive.org/web/20140729043935/http://www.gallup.com/poll/147662/First-Time-Majority-Americans-Favor-Legal-Gay-Marriage.aspx |archive-date=29 July 2014 |access-date=25 September 2012 |publisher=]}}</ref><ref>{{Cite web |title=Public Opinion: Nationally |url=http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality |url-status=dead |archive-url=https://web.archive.org/web/20110303043929/http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/ |archive-date=3 March 2011 |access-date=25 September 2012 |publisher=australianmarriageequality.com}}</ref><ref>{{Cite web |title=Gay Life in Estonia |url=http://www.globalgayz.com/europe/estonia/gay-life-in-estonia |url-status=dead |archive-url=https://web.archive.org/web/20120716100828/http://www.globalgayz.com/europe/estonia/gay-life-in-estonia |archive-date=16 July 2012 |access-date=25 September 2012 |publisher=globalgayz.com}}</ref><ref>{{Cite news |last=Jowit |first=Juliette |date=12 June 2012 |title=Gay marriage gets ministerial approval |work=] |location=London |url=https://www.theguardian.com/society/2012/jun/12/gay-marriage-receive-ministerial-approval |url-status=live |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20190506173542/https://www.theguardian.com/society/2012/jun/12/gay-marriage-receive-ministerial-approval |archive-date=6 May 2019}}</ref><ref>{{Cite news |date=24 February 2011 |title=Most Irish people support gay marriage, poll says |work=PinkNews |url=http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says |url-status=dead |access-date=25 September 2012 |archive-url=https://web.archive.org/web/20130926032112/http://www.pinknews.co.uk/2011/02/24/most-irish-people-support-gay-marriage-poll-says |archive-date=26 September 2013}}</ref>{{update inline|date=December 2021}} | ||
| Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.<ref |
Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.<ref name="Pew Survey 2023">{{cite web|url=https://www.pewresearch.org/short-reads/2023/06/13/how-people-in-24-countries-view-same-sex-marriage/|title=How people in 24 countries view same-sex marriage|access-date=12 December 2023}}</ref> | ||
| ;Greater support with youth | |||
| ] polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without a significant generational difference are placed to the right.<ref name="Pew Survey 2023"/> | |||
| <div style="overflow:auto"> | |||
| {{ #invoke:Chart | bar-chart | |||
| | height = 400 | |||
| | width = 1200 | |||
| | stack = 1 | |||
| | group 1 = 33 : 52 : 37 : 34 : 52 : 43 : 35 : 57 : 54 : 64 : 48 : 47 : 59 : 62 : 71 : 73 : 34 : 20 : 5 : 90 : 15 : 89 : 87 : 82 : 80 : 79 : 74 : 53 : 36 : 31 : 5 : 2 | |||
| | group 2 = 42 : 29 : 28 : 27 : 26 : 24 : 24 : 22 : 22 : 20 : 19 : 17 : 15 : 13 : 11 : 8 : 8 : 7 : 7 : 6 : 5 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 : 0 | |||
| | x legends = <small>Taiw</small> : <small>Mex</small> : <small>Sing</small> : <small>ROK</small> : <small>HK</small> : <small>Gre</small> : <small>Pol</small> : <small>Viet</small> : <small>Thai</small> : <small>Jap</small> : <small>Cam</small> : <small>Braz</small> : <small>USA</small> : <small>Arg</small> : <small>Ital</small> : <small>Oz</small> : <small>S. Af.</small> : <small>Sri Lanka</small> : <small>Keny</small> : <small>Swed</small> : <small>Malay</small> : <small>Neth</small> : <small>Spa</small> : <small>Fran</small> : <small>Germ</small> : <small>Cana</small> : <small>UK</small> : <small>India</small> : <small>Isra</small> : <small>Hung</small> : <small>Indo</small> : <small>Nigeria</small> | |||
| | colors = navy : blue | |||
| | group names = over 35 : additional support from those under 35 | |||
| }} | |||
| </div> | |||
| A 2016 survey by the ] found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world.<ref>{{Cite web|url=https://www.varkeyfoundation.org/media/4487/global-young-people-report-single-pages-new.pdf|title=What the world's young people think and feel.}}</ref><ref>{{Cite web|url=https://aifs.gov.au/research/family-matters/no-100/who-supports-equal-rights-same-sex-couples|title=Who supports equal rights for same-sex couples? |website=Australian Institute of Family Studies}}</ref><ref>{{Cite web |date=Jun 2, 2015 |title=Age is decisive factor when it comes to supporting same-sex marriage: LAPOP |url=https://news.vanderbilt.edu/2015/06/02/age-is-decisive-factor-when-it-comes-to-supporting-same-sex-marriage-lapop/ |access-date=2023-12-26 |website=Vanderbilt University |language=en-US}}</ref> | |||
| {{ #invoke:Chart | bar-chart | |||
| | height = 300 | |||
| | width = 800 | |||
| | stack = 1 | |||
| | group 1 = 82 : 81 : 77 : 77 : 74 : 74 : 73 : 73 : 71 : 59 : 54 : 54 : 53 : 53 : 50 : 47 : 33 : 16 | |||
| | x legends = <small>Germ</small> : <small>Cana</small> : <small>Oz</small> : <small>UK</small> : <small>NZ</small> : <small>Fran</small> : <small>Ital</small> : <small>Arg</small> : <small>USA</small> : <small>Braz</small> : <small>Chin</small> : <small>S. Af.</small> : <small>India</small> : <small>Jap</small> : <small>Isra</small> : <small>ROK</small> : <small>Turk</small> : <small>Nigeria</small> | |||
| | colors = navy | |||
| | group names = 18–21 year-olds | |||
| }} | |||
| (The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in the survey countries of Russia and Indonesia.) | |||
| {{Same-sex marriage opinion polls worldwide}} | {{Same-sex marriage opinion polls worldwide}} | ||
| == See also == | == See also == | ||
| {{Portal| |
{{Portal|LGBTQ|Human sexuality|Law}} | ||
| * ] | * ] | ||
| * ] | * ] | ||
| * ] | * ] | ||
| * ] | |||
| * ] | |||
| '''Documentaries and literature''' | |||
| {{clear}} | |||
| * '']'' | |||
| * '']'' | |||
| * '']'' | |||
| * '']'' | |||
| * '']'' | |||
| * '']'' | |||
| * '']'' | |||
| * ] | |||
| '''History''' | |||
| * ] ("brother-making") | |||
| * ] | |||
| * ] | |||
| ==Notes== | ==Notes== | ||
| {{notelist}} | {{notelist|35em}} | ||
| {{reflist|group=note}} | |||
| ==References== | ==References== | ||
| {{reflist|colwidth=30em}} | |||
| {{Reflist}} | |||
| ==Bibliography== | ==Bibliography== | ||
| {{refbegin|30em}} | {{refbegin|30em}} | ||
| * {{ |
* {{Cite book |last=Boswell |first=John |title=The Marriage of Likeness: Same-sex Unions in Pre-modern Europe |publisher=Simon Harper and Collins |year=1995 |isbn=978-0-00-255508-1 |location=New York |author-link=John Boswell (historian)}} | ||
| * {{ |
* {{Cite book |last=Boswell |first=John |url=https://archive.org/details/samesexunionsinp00bosw |title=Same-sex Unions in Premodern Europe |publisher=Villard Books |year=1994 |isbn=978-0-679-43228-9 |location=New York |author-link=John Boswell}} | ||
| * {{ |
* {{Cite book |last=Brownson |first=James V. |url=https://archive.org/details/biblegendersexua0000brow |title=Bible, Gender, Sexuality: Reforming the Church's Debate on Same-Sex Relationships |publisher=] |year=2013 |isbn=978-0-8028-6863-3 |url-access=registration}} | ||
| * {{ |
* {{Cite book |last=Calò |first=Emanuele |title=Matrimonio à la carte — Matrimoni, convivenze registrate e divorzi dopo l'intervento comunitario |publisher=Giuffrè |year=2009 |location=Milano}} | ||
| * {{ |
* {{Cite book |last=Caramagno |first=Thomas C. |title=Irreconcilable Differences? Intellectual Stalemate in the Gay Rights Debate |publisher=Praeger |year=2002 |isbn=978-0-275-97721-4 |location=Westport, CT}} | ||
| * {{ |
* {{Cite book |last=Cere |first=Daniel |url=https://archive.org/details/divorcingmarriag0000unse |title=Divorcing Marriage: Unveiling the Dangers in Canada's New Social Experiment |publisher=McGill-Queen's University Press |year=2004 |isbn=978-0-7735-2895-6 |location=Montreal |author-link=Daniel Cere |url-access=registration}} | ||
| * {{ |
* {{Cite book |last=Chauncey |first=George |url=https://archive.org/details/whymarriagehisto0000chau |title=Why Marriage?: The History Shaping Today's Debate over Gay Equality |publisher=Basic Books |year=2004 |isbn=978-0-465-00957-2 |location=New York |author-link=George Chauncey |url-access=registration}} | ||
| * {{ |
* {{Cite book |last=Dobson |first=James C. |url=https://archive.org/details/marriageunderfir00dobs |title=Marriage Under Fire |publisher=Multnomah |year=2004 |isbn=978-1-59052-431-2 |location=Sisters, Or. |author-link=James Dobson}} | ||
| * {{ |
* {{Cite book |title=The Meaning of Marriage: Family, State, Market, And Morals |publisher=Spence Publishing Company |year=2006 |isbn=978-1-890626-64-8 |editor-last=George |editor-first=Robert P. |location=Dallas |editor-last2=Elshtain |editor-first2=Jean Bethke |editor-link2=Jean Bethke Elshtain}} | ||
| * {{ |
* {{Cite book |title=Our Families, Our Values: Snapshots of Queer Kinship |publisher=The Harrington Park Press, An Imprint of the Haworth Press, Inc. |year=2008 |isbn=978-1-56023-910-9 |editor-last=Goss |editor-first=Robert E. |editor-link=Robert Goss |location=New York, NY |editor-last2=Strongheart |editor-first2=Amy Adams Squire}} | ||
| * {{Cite book| |
* {{Cite book |last1=Greenwich, Alex |title=Yes Yes Yes: Australia's Journey to Marriage Equality |last2=Robinson, Shirleene |publisher=NewSouth Books |year=2018 |isbn=9781742235998 |location=Australia}} | ||
| * {{ |
* {{Cite book |last=Larocque |first=Sylvain |title=Gay Marriage: The Story of a Canadian Social Revolution |publisher=James Lorimer & Company |year=2006 |isbn=978-1-55028-927-5 |location=Toronto}} | ||
| * {{ |
* {{Cite book |title=Same-Sex Marriage and Religious Liberty: Emerging Conflicts |publisher=Rowman & Littlefield Publishers, Inc. |year=2008 |isbn=978-0-7425-6326-1 |editor-last=Laycock |editor-first=Douglas |editor-link=Douglas Laycock |location=Lanham, MD |editor-last2=Picarello |editor-first2=Anthony Jr. |editor-last3=Wilson |editor-first3=Robin Fretwell}} | ||
| * {{ |
* {{Cite book |last=Moats |first=David |url=https://archive.org/details/civilwarsbattlef00moat |title=Civil Wars: A Battle For Gay Marriage |publisher=Harcourt, Inc. |year=2004 |isbn=978-0-15-101017-2 |location=New York, NY}} | ||
| * {{ |
* {{Cite book |last=Oliver |first=Marilyn Tower |url=https://books.google.com/books?id=XXIFAAAACAAJ |title=Gay and lesbian rights: a struggle |publisher=Enslow Publishers |year=1998 |isbn=978-0-89490-958-0 |access-date=28 October 2020 |archive-url=https://web.archive.org/web/20210204174006/https://books.google.com/books?id=XXIFAAAACAAJ |archive-date=4 February 2021 |url-status=live}} | ||
| * {{ |
* {{Cite book |last=Rauch |first=Jonathan |title=Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America |title-link=Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America |publisher=Henry Holt and Company, LLC |year=2004 |isbn=978-0-8050-7815-2 |location=New York, NY |author-link=Jonathan Rauch}} | ||
| * {{Cite book|title=How Powerful We Are : Behind the scenes with one of Australia's leading activists |
* {{Cite book |last=Rugg, Sally |title=How Powerful We Are : Behind the scenes with one of Australia's leading activists |publisher=Hachette Australia |year=2019 |isbn=9780733642227 |location=Australia |oclc=1103918151}} | ||
| * {{ |
* {{Cite book |last1=Smart |first1=Carol |title=Same sex marriages: new generations, new relationships. Genders and sexualities in the social sciences |last2=Heaphy |first2=Brian |last3=Einarsdottir |first3=Anna |publisher=Palgrave Macmillan |year=2013 |isbn=9780230300231 |location=Houndmills, Basingstoke, Hampshire}} | ||
| * {{ |
* {{Cite book |last=Spedale |first=Darren |url=https://archive.org/details/gaymarriageforbe0000eskr |title=Gay Marriage: For Better or For Worse? What We've Learned From the Evidence |publisher=Oxford University Press |year=2006 |isbn=978-0-19-518751-9 |location=New York |author-link=Darren Spedale}} | ||
| * {{ |
* {{Cite book |title=Same-Sex Marriage: Pro and Con — A Reader, Revised Updated Edition |publisher=Vintage Books, a division of Random House, Inc. |year=2004 |isbn=978-1-4000-7866-0 |editor-last=Sullivan |editor-first=Andrew |editor-link=Andrew Sullivan |location=New York, NY}} | ||
| * {{ |
* {{Cite book |last=Truluck |first=Rembert S. |title=Steps to Recovery from Bible Abuse |publisher=Chi Rho Press, Inc. |year=2000 |isbn=978-1-888493-16-0 |location=Gaithersburg, MD |author-link=Rembert S. Truluck}} | ||
| * {{ |
* {{Cite book |last=Wolfson |first=Evan |url=https://archive.org/details/whymarriagematte00wolf |title=Why Marriage Matters: America, Equality, and Gay People's Right to Marry |publisher=Simon & Schuster |year=2004 |isbn=978-0-7432-6459-4 |location=New York |author-link=Evan Wolfson |url-access=registration}} | ||
| {{refend}} | {{refend}} | ||
| ==External links== | ==External links== | ||
| {{sister project links|auto=yes}} | |||
| {{Wikimedia}} | |||
| * {{Curlie|Society/Gay,_Lesbian,_and_Bisexual/Law/Marriage_and_Domestic_Partnership}} | |||
| <!--======================== {{No more links}} ============================ | <!--======================== {{No more links}} ============================ | ||
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| {{Marriage amendments}} | {{Marriage amendments}} | ||
| {{Types of marriages}} | {{Types of marriages}} | ||
| {{ |
{{LGBTQ|state=collapsed|rights=expanded}} | ||
| {{Discrimination}} | |||
| {{Authority control}} | {{Authority control}} | ||
| ] | ] | ||
| ] | ] | ||
Latest revision as of 05:16, 4 January 2025
Marriage of persons of the same sex or gender "Marriage equality" and "gay marriage" redirect here. For other uses, see marriage equality (disambiguation) and gay marriage (disambiguation).
| Part of the LGBTQ rights series | ||
| Legal status of same-sex unions | ||
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Marriage
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Civil unions or registered partnerships but not marriage
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Minimal recognition
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 LGBTQ portal | ||
| Part of a series on |
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Related topics
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Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2025, marriage between same-sex couples is legally performed and recognized in 37 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalize same-sex marriage is Liechtenstein. Thailand is set to begin performing same-sex marriages in January 2025.
Same-sex marriage is legally recognized in a large majority of the world's developed countries; notable exceptions are Italy, Japan, South Korea and the Czech Republic. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russia, restrict advocacy for same-sex marriage. A few of these are among the 35 countries (as of 2023) that constitutionally define marriage to prevent marriage between couples of the same sex, with most of those provisions enacted in recent decades as a preventative measure. Other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized.
There are records of marriage between men dating back to the first century. Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occurred on September 3, 1971, in Minnesota, and have it legally recognized by any form of government. The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through referendums and initiatives. The most prominent supporters of same-sex marriage are the world's major medical and scientific communities, along with human rights and civil rights organizations, while its most prominent opponents are religious fundamentalist groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in many developing countries.
Scientific studies show that the financial, psychological, and physical well-being of gay people is enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions. At the same time, no harm is done to the institution of marriage among heterosexuals. Social science research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition is based on claims such as that homosexuality is unnatural and abnormal, that the recognition of same-sex unions will promote homosexuality in society, and that children are better off when raised by opposite-sex couples. These claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, that sexual orientation is not a choice, and that children of same-sex couples fare just as well as the children of opposite-sex couples.
Terminology
Alternative terms
Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998), Freedom to Marry (founded in 2003), Canadians for Equal Marriage, and Marriage for All Japan - used the terms marriage equality and equal marriage to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The Associated Press recommends the use of same-sex marriage over gay marriage. In deciding whether to use the term gay marriage, it may also be noted that not everyone in a same-sex marriage is gay – for example, some are bisexual – and therefore using the term gay marriage is sometimes considered erasure of such people.
Use of the term marriage
Anthropologists have struggled to determine a definition of marriage that absorbs commonalities of the social construct across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30 African peoples, such as the Kikuyu and Nuer.
With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The Oxford English Dictionary has recognized same-sex marriage since 2000.
Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as the Church of Jesus Christ of Latter-day Saints, the Catholic Church, and the Southern Baptist Convention, use the term traditional marriage to mean opposite-sex marriage.
History
Main article: History of same-sex unions For a chronological guide, see Timeline of same-sex marriage. For broader coverage of this topic, see History of homosexuality.Ancient
Further information: Homosexuality in ancient RomeA reference to marriage between same-sex couples appears in the Sifra, which was written in the 3rd century CE. The Book of Leviticus prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men."
A few scholars believe that in the early Roman Empire some male couples were celebrating traditional marriage rites in the presence of friends. Male–male weddings are reported by sources that mock them; the feelings of the participants are not recorded. Various ancient sources state that the emperor Nero celebrated two public weddings with males, once taking the role of the bride (with a freedman Pythagoras), and once the groom (with Sporus); there may have been a third in which he was the bride. In the early 3rd century AD, the emperor Elagabalus is reported to have been the bride in a wedding to his male partner. Other mature men at his court had husbands, or said they had husbands in imitation of the emperor. Roman law did not recognize marriage between males, but one of the grounds for disapproval expressed in Juvenal's satire is that celebrating the rites would lead to expectations for such marriages to be registered officially. As the empire was becoming Christianized in the 4th century, legal prohibitions against marriage between males began to appear.
Contemporary
Michael McConnell and Jack Baker are the first same sex couple in modern recorded history known to obtain a marriage license, have their marriage solemnized, which occurred on September 3, 1971, in Minnesota, and have it legally recognized by any form of government. Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. During the 1980s in the United States, the AIDS epidemic led to increased attention on the legal aspects of same-sex relationships. Andrew Sullivan made the first case for same sex marriage in a major American journal in 1989, published in The New Republic.
In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 34 other countries, including most of the Americas and Western Europe. Yet its spread has been uneven — South Africa is the only country in Africa to take the step; Taiwan and Thailand are the only ones in Asia.
Timeline
Main article: Timeline of same-sex marriageThe summary table below lists in chronological order the sovereign states (the United Nations member states and Taiwan) that have legalized same-sex marriage. As of 2025, 37 states have legalized in some capacity.
Dates are when marriages between same-sex couples began to be officially certified, or when local laws were passed if marriages were already legal under higher authority.
| 2001 |  Netherlands (1 April)
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Same-sex marriage around the world
Main articles: Legal status of same-sex marriage, Same-sex union legislation, and Recognition of same-sex unions by countrySame-sex marriage is legally performed and recognized in 37 countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay. Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel.
Same-sex marriage will begin to be performed by Thailand in January 2025, and is under consideration by the legislature or the courts in El Salvador, Italy, Japan, Nepal, and Venezuela.
Civil unions are being considered in a number of countries, including Kosovo, Peru, the Philippines, and Poland.
On 12 March 2015, the European Parliament passed a non-binding resolution encouraging EU institutions and member states to " on the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue".
In response to the international spread of same-sex marriage, a number of countries have enacted preventative constitutional bans, with the most recent being Mali in 2023, and Gabon in 2024. In other countries, such restrictions and limitations are effected through legislation. Even before same-sex marriage was first legislated, some countries had constitutions that specified that marriage was between a man and a woman.
International court rulings
European Court of Human Rights
In 2010, the European Court of Human Rights (ECHR) ruled in Schalk and Kopf v Austria, a case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination").
Article 12 of the European Convention on Human Rights states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in Schalk and Kopf v Austria that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone". Nevertheless, the court accepted and is considering cases concerning same-sex marriage recognition, e.g. Andersen v Poland. In 2021, the court ruled in Fedotova and Others v. Russia—followed by later judgements concerning other member states—that countries must provide some sort of legal recognition to same-sex couples, although not necessarily marriage.
European Union
Further information: Coman and Others v General Inspectorate for Immigration and Ministry of the InteriorOn 5 June 2018, the European Court of Justice ruled, in a case from Romania, that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the European Parliament passed a resolution calling on the European Commission to ensure that the ruling is respected across the EU.
Inter-American Court of Human Rights
On 8 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that states party to the American Convention on Human Rights should grant same-sex couples accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as civil unions) instead of same-sex marriage.
Other arrangements
Civil unions
Main article: Civil union
Civil union, civil partnership, domestic partnership, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of 4 January 2025, countries that have an alternative form of legal recognition other than marriage on a national level are: Bolivia, Croatia, Cyprus, the Czech Republic, Hungary, Italy, Latvia, Liechtenstein, Monaco, Montenegro and San Marino. Same-sex marriage performed remotely or abroad is recognized with full marital rights by Israel. Poland offers more limited rights. Additionally, various cities and counties in Cambodia and Japan offer same-sex couples varying levels of benefits, which include hospital visitation rights and others.
Additionally, eighteen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well: Argentina, Australia, Austria, Belgium, Brazil, Chile, Colombia, Ecuador, France, Greece, Luxembourg, Malta, the Netherlands, Portugal, South Africa, Spain, the United Kingdom and Uruguay.
They are also available in parts of the United States (Arizona, California, Colorado, Hawaii, Illinois, New Jersey, Nevada and Oregon) and Canada.
Non-sexual same-sex marriage
Kenya
Main article: LGBT rights in KenyaFemale same-sex marriage is practiced among the Gikuyu, Nandi, Kamba, Kipsigis, and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family.
Nigeria
Main article: Recognition of same-sex unions in NigeriaAmong the Igbo people and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.
Studies
The American Anthropological Association stated on 26 February 2004:
The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies.
Research findings from 1998 to 2015 from the University of Virginia, Michigan State University, Florida State University, the University of Amsterdam, the New York State Psychiatric Institute, Stanford University, the University of California-San Francisco, the University of California-Los Angeles, Tufts University, Boston Medical Center, the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.
The overall socio-economic and health effects of legal access to same-sex marriage around the world have been summarized by Badgett and co-authors. The review found that sexual minority individuals took-up legal marriage when it became available to them (but at lower rates than different-sex couples). There is instead no evidence that same-sex marriage legalization affected different-sex marriages. On the health side, same-sex marriage legalization increased health insurance coverage for individuals in same-sex couples (in the US), and it led to improvements in sexual health among men who have sex with men, while there is mixed evidence on mental health effects among sexual minorities. In addition, the study found mixed evidence on a range of downstream social outcomes such as attitudes toward LGBTQ+ people and employment choices of sexual minorities.
Health
As of 2006, the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Studies in the United States have correlated legalization of same-sex marriage to lower rates of HIV infection, psychiatric disorders, and suicide rate in the LGBT population.
Issues
See also: LGBT rights oppositionWhile few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.
Parenting
Main articles: LGBT parenting and Same-sex marriage and the family
Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers.
Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary.
Compared to heterosexual couples, same-sex couples have a greater need for adoption or assisted reproductive technology to become parents. Lesbian couples often use artificial insemination to achieve pregnancy, and reciprocal in vitro fertilization (where one woman provides the egg and the other gestates the child) is becoming more popular in the 2020s, although many couples cannot afford it. Surrogacy is an option for wealthier gay male couples, but the cost is prohibitive. Other same-sex couples adopt children or raise the children from earlier opposite-sex relationships.
Adoption
Main article: LGBT adoption
All states that allow same-sex marriage also allow the joint adoption of children by those couples with the exception of Ecuador and a third of states in Mexico, though such restrictions have been ruled unconstitutional in Mexico. In addition, Bolivia, Croatia, Israel and Liechtenstein, which do not recognize same-sex marriage, nonetheless permit joint adoption by same-sex couples. Some additional states do not recognize same-sex marriage but allow stepchild adoption by couples in civil unions, namely the Czech Republic and San Marino.
Transgender and intersex people
 | This article or section possibly contains synthesis of material that does not verifiably mention or relate to the main topic. Relevant discussion may be found on the talk page. (May 2017) (Learn how and when to remove this message) |
The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are transgender, depending on how sex is defined within a jurisdiction. Transgender and intersex individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity.
In the United Kingdom, the Gender Recognition Act 2004 allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender.
Divorce
Main article: Divorce of same-sex couplesIn the United States before the case of Obergefell v. Hodges, couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.
Judicial and legislative
Main article: Conflict of marriage laws § Same-sex marriageThere are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives.
In contrast, a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.
Public opinion
See also: Public opinion of same-sex marriage in the United States and Public opinion of same-sex marriage in Australia
| 5⁄6+ 2⁄3+ | 1⁄2+ 1⁄3+ | 1⁄6+ <1⁄6 | no polls |
Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world.
Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.
- Greater support with youth
Pew Research polling results from 32 countries found 21 with statistically higher support for same-sex marriage among those under 35 than among those over 35 in 2022–2023. Countries with the greatest absolute difference are placed to the left in the following chart. Countries without a significant generational difference are placed to the right.
10 20 30 40 50 60 70 80 90 100 Taiw Mex Sing ROK HK Gre Pol Viet Thai Jap Cam Braz USA Arg Ital Oz S. Af. Sri Lanka Keny Swed Malay Neth Spa Fran Germ Cana UK India Isra Hung Indo Nigeria- over 35
- additional support from those under 35
A 2016 survey by the Varkey Foundation found similarly high support of same-sex marriage (63%) among 18–21-year-olds in an online survey of 18 countries around the world.
10 20 30 40 50 60 70 80 90 Germ Cana Oz UK NZ Fran Ital Arg USA Braz Chin S. Af. India Jap Isra ROK Turk Nigeria(The sampling error is approx. 4% for Nigeria and 3% for the other countries. Because of legal constraints, the question on same-sex marriage was not asked in the survey countries of Russia and Indonesia.)
- Opinion polls for same-sex marriage by country
| Country | Pollster | Year | For | Against | Neither | Margin of error |
Ref. |
|---|---|---|---|---|---|---|---|
 Albania
|
IPSOS | 2023 | 26% |
73% (74%) |
1% | ||
 Andorra
|
Institut d'Estudis Andorrans | 2013 | 70% (79%) |
19% (21%) |
11% | ||
 Antigua and Barbuda
|
AmericasBarometer | 2017 | 12% | – | – | ||
 Argentina
|
Ipsos | 2024 | 69% (81%) |
16% (19%) |
15% not sure | ±5% | |
| Pew Research Center | 2023 | 67% (72%) |
26% (28%) |
7% | ±3.6% | ||
 Armenia
|
Pew Research Center | 2015 | 3% (3%) |
96% (97%) |
1% | ±3% | |
 Aruba
|
2021 | 46% |
|||||
 Australia
|
Ipsos | 2024 | 64% (73%) |
25% (28%) |
12% not sure | ±3.5% | |
| Pew Research Center | 2023 | 75% (77%) |
23% | 2% | ±3.6% | ||
 Austria
|
Eurobarometer | 2023 | 65% (68%) |
30% (32%) |
5% | ||
 Bahamas
|
AmericasBarometer | 2015 | 11% | – | – | ||
 Belarus
|
Pew Research Center | 2015 | 16% (16%) |
81% (84%) |
3% | ±4% | |
 Belgium
|
Ipsos | 2024 | 69% (78%) |
19% (22%) |
12% not sure | ±5% | |
| Eurobarometer | 2023 | 79% | 19% | 2% not sure | |||
 Belize
|
AmericasBarometer | 2014 | 8% | – | – | ||
 Bolivia
|
AmericasBarometer | 2017 | 35% | 65% | – | ±1.0% | |
 Bosnia and Herzegovina
|
IPSOS | 2023 | 26% (27%) |
71% (73%) |
3% | ||
 Brazil
|
Ipsos (more urban/educated than representative) | 2024 | 51% (62%) |
31% (38%) |
18% not sure | ±3.5% | |
| Pew Research Center | 2023 | 52% (57%) |
40% (43%) |
8% | ±3.6% | ||
 Bulgaria
|
Eurobarometer | 2023 | 17% (18%) |
75% (82%) |
8% | ||
 Cambodia
|
Pew Research Center | 2023 | 57% (58%) |
42% | 1% | ||
 Canada
|
Ipsos | 2024 | 65% (75%) |
22% (25%) |
13% not sure | ±3.5% | |
| Pew Research Center | 2023 | 79% (84%) |
15% (16%) |
6% | ±3.6% | ||
 Chile
|
Cadem | 2024 | 77% (82%) |
22% (18%) |
2% | ±3.6% | |
 China
|
Ipsos (more urban/educated than representative) | 2021 | 43% (52%) |
39% (48%) |
18% not sure | ±3.5% | |
 Colombia
|
Ipsos (more urban/educated than representative) | 2024 | 46% (58%) |
33% (42%) |
21% | ±5% | |
 Costa Rica
|
CIEP | 2018 | 35% | 64% | 1% | ||
 Croatia
|
Eurobarometer | 2023 | 42% (45%) |
51% (55%) |
7% | ||
 Cuba
|
Apretaste | 2019 | 63% | 37% | – | ||
 Cyprus
|
Eurobarometer | 2023 | 50% (53%) |
44% (47%) |
6% | ||
 Czech Republic
|
Eurobarometer | 2023 | 60% | 34% | 6% | ||
 Denmark
|
Eurobarometer | 2023 | 93% | 5% | 2% | ||
 Dominica
|
AmericasBarometer | 2017 | 10% | 90% | – | ±1.1% | |
 Dominican Republic
|
CDN 37 | 2018 | 45% | 55% | - | ||
 Ecuador
|
AmericasBarometer | 2019 | 23% (31%) |
51% (69%) |
26% | ||
 El Salvador
|
Universidad Francisco Gavidia | 2021 | 82.5% | – | |||
 Estonia
|
Eurobarometer | 2023 | 41% (45%) |
51% (55%) |
8% | ||
 Finland
|
Eurobarometer | 2023 | 76% (81%) |
18% (19%) |
6% | ||
 France
|
Ipsos | 2024 | 62% (70%) |
26% (30%) |
12% not sure | ±3.5% | |
| Pew Research Center | 2023 | 82% (85%) |
14% (15%) |
4% | ±3.6% | ||
| Eurobarometer | 2023 | 79% (85%) |
14 (%) (15%) |
7% | |||
 Georgia
|
Women's Initiatives Supporting Group | 2021 | 10% (12%) |
75% (88%) |
15% | ||
 Germany
|
Ipsos | 2024 | 73% (83%) |
18% (20%) |
12% not sure | ±3.5% | |
| Pew Research Center | 2023 | 80% (82%) |
18% | 2% | ±3.6% | ||
| Eurobarometer | 2023 | 84% (87%) |
13%< | 3% | |||
 Greece
|
Pew Research Center | 2023 | 48% (49%) |
49% (51%) |
3% | ±3.6% | |
| Eurobarometer | 2023 | 57% (59%) |
40% (41%) |
3% | |||
 Grenada
|
AmericasBarometer | 2017 | 12% | 88% | – | ±1.4%c | |
 Guatemala
|
AmericasBarometer | 2017 | 23% | 77% | – | ±1.1% | |
 Guyana
|
AmericasBarometer | 2017 | 21% | 79% | – | ±1.3% | |
 Haiti
|
AmericasBarometer | 2017 | 5% | 95% | – | ±0.3% | |
 Honduras
|
CID Gallup | 2018 | 17% (18%) |
75% (82%) |
8% | ||
 Hong Kong
|
Pew Research Center | 2023 | 58% (59%) |
40% (41%) |
2% | ||
 Hungary
|
Ipsos | 2024 | 44% (56%) |
35% (44%) |
21% not sure | ±5% | |
| Pew Research Center | 2023 | 31% (33%) |
64% (67%) |
5% | ±3.6% | ||
| Eurobarometer | 2023 | 42% (45%) |
52% (55%) |
6% | |||
 Iceland
|
Gallup | 2006 | 89% | 11% | – | ||
 India
|
Pew Research Center | 2023 | 53% (55%) |
43% (45%) |
4% | ±3.6% | |
 Indonesia
|
Pew Research Center | 2023 | 5% | 92% (95%) |
3% | ±3.6% | |
 Ireland
|
Ipsos (more urban/educated than representative) | 2024 | 68% (76%) |
21% (23%) |
10% | ±5% | |
| Eurobarometer | 2023 | 86% (91%) |
9% | 5% | |||
 Israel
|
Pew Research Center | 2023 | 36% (39%) |
56% (61%) |
8% | ±3.6% | |
 Italy
|
Ipsos | 2024 | 58% (66%) |
29% (33%) |
12% not sure | ±3.5% | |
| Pew Research Center | 2023 | 73% (75%) |
25% | 2% | ±3.6% | ||
| Eurobarometer | 2023 | 69% (72%) |
27% (28%) |
4% | |||
 Jamaica
|
AmericasBarometer | 2017 | 16% | 84% | – | ±1.0% | |
 Japan
|
Kyodo News | 2023 | 64% (72%) |
25% (28%) |
11% | ||
| Asahi Shimbun | 2023 | 72% (80%) |
18% (20%) |
10% | |||
| Ipsos | 2024 | 42% (54%) |
31% (40%) |
22% not sure | ±3.5% | ||
| Pew Research Center | 2023 | 68% (72%) |
26% (28%) |
6% | ±2.75% | ||
 Kazakhstan
|
Pew Research Center | 2016 | 7% (7%) |
89% (93%) |
4% | ||
 Kenya
|
Pew Research Center | 2023 | 9% | 90% (91%) |
1% | ±3.6% | |
 Kosovo
|
IPSOS | 2023 | 20% (21%) |
77% (79%) |
3% | ||
 Latvia
|
Eurobarometer | 2023 | 36% | 59% | 5% | ||
 Liechtenstein
|
Liechtenstein Institut | 2021 | 72% | 28% | 0% | ||
 Lithuania
|
Eurobarometer | 2023 | 39% | 55% | 6% | ||
 Luxembourg
|
Eurobarometer | 2023 | 84% | 13% | 3% | ||
| Pew Research Center | 2023 | 17% | 82% (83%) |
1% | |||
 Malta
|
Eurobarometer | 2023 | 74% | 24% | 2% | ||
 Mexico
|
Ipsos (more urban/educated than representative) | 2024 | 55% | 29% | 17% not sure | ±3.5% | |
| Pew Research Center | 2023 | 63% (66%) |
32% (34%) |
5% | ±3.6% | ||
 Moldova
|
Europa Libera Moldova | 2022 | 14% | 86% | |||
 Montenegro
|
IPSOS | 2023 | 36% (37%) |
61% (63%) |
3% | ||
 Mozambique (3 cities)
|
Lambda | 2017 | 28% (32%) |
60% (68%) |
12% | ||
| Netherlands
|
Ipsos | 2024 | 77% | 15% | 8% not sure | ±5% | |
| Pew Research Center | 2023 | 89% (90%) |
10% | 1% | ±3.6% | ||
| Eurobarometer | 2023 | 94% | 5% | 2% | |||
 New Zealand
|
Ipsos | 2023 | 70% (78%) |
20% (22%) |
9% | ±3.5% | |
 Nicaragua
|
AmericasBarometer | 2017 | 25% | 75% | – | ±1.0% | |
 Nigeria
|
Pew Research Center | 2023 | 2% | 97% (98%) |
1% | ±3.6% | |
 North Macedonia
|
IPSOS | 2023 | 20% (21%) |
78% (80%) |
2% | ||
 Norway
|
Pew Research Center | 2017 | 72% (79%) |
19% (21%) |
9% | ||
 Panama
|
AmericasBarometer | 2017 | 22% | 78% | – | ±1.1% | |
 Paraguay
|
AmericasBarometer | 2017 | 26% | 74% | – | ±0.9% | |
 Peru
|
Ipsos (more urban/educated than representative) | 2024 | 36% |
44% | 20% | ±5% | |
 Philippines
|
SWS | 2018 | 22% (26%) |
61% (73%) |
16% | ||
 Poland
|
Ipsos | 2024 | 51% (54%) |
43% (46%) |
6% | ||
| Pew Research Center | 2023 | 41% (43%) |
54% (57%) |
5% | ±3.6% | ||
| United Surveys by IBRiS | 2024 | 50% (55%) |
41% (45%) |
9% | |||
| Eurobarometer | 2023 | 50% | 45% | 5% | |||
 Portugal
|
Ipsos | 2023 | 80% (84%) |
15% (16%) |
5% | ||
| Eurobarometer | 2023 | 81% | 14% | 5% | |||
 Romania
|
Ipsos | 2023 | 25% (30%) |
59% (70%) |
17% | ±3.5% | |
| Eurobarometer | 2023 | 25% | 69% | 6% | |||
 Russia
|
Ipsos (more urban/educated than representative) | 2021 | 17% (21%) |
64% (79%) |
20% not sure | ±4.8% | |
| FOM | 2019 | 7% (8%) |
85% (92%) |
8% | ±3.6% | ||
 Saint Kitts and Nevis
|
AmericasBarometer | 2017 | 9% | 91% | – | ±1.0% | |
 Saint Lucia
|
AmericasBarometer | 2017 | 11% | 89% | – | ±0.9% | |
 Saint Vincent and the Grenadines
|
AmericasBarometer | 2017 | 4% | 96% | – | ±0.6% | |
 Serbia
|
IPSOS | 2023 | 24% (25%) |
73% (75%) |
3% | ||
 Singapore
|
Ipsos (more urban/educated than representative) | 2024 | 33% | 46% | 21% | ±5% | |
| Pew Research Center | 2023 | 45% (47%) |
51% (53%) |
4% | |||
 Slovakia
|
Focus | 2024 | 36% (38%) |
60% (62%) |
4% | ||
| Eurobarometer | 2023 | 37% | 56% | 7% | |||
 Slovenia
|
Eurobarometer | 2023 | 62% (64%) |
37% (36%) |
2% | ||
| South Africa
|
Ipsos (more urban/educated than representative) | 2024 | 53% | 32% | 13% | ±5% | |
| Pew Research Center | 2023 | 38% (39%) |
59% (61%) |
3% | ±3.6% | ||
 South Korea
|
Ipsos | 2024 | 36% | 37% | 27% not sure | ±5% | |
| Pew Research Center | 2023 | 41% (42%) |
56% (58%) |
3% | |||
 Spain
|
Ipsos | 2024 | 73% (80%) |
19% (21%) |
9% not sure | ±3.5% | |
| Pew Research Center | 2023 | 87% (90%) |
10% | 3% | ±3.6% | ||
| Eurobarometer | 2023 | 88% (91%) |
9% (10%) |
3% | |||
 Sri Lanka
|
Pew Research Center | 2023 | 23% (25%) |
69% (75%) |
8% | ||
 Suriname
|
AmericasBarometer | 2014 | 18% | – | – | ||
 Sweden
|
Ipsos | 2024 | 78% (84%) |
15% (16%) |
7% not sure | ±5% | |
| Pew Research Center | 2023 | 92% (94%) |
6% | 2% | ±3.6% | ||
| Eurobarometer | 2023 | 94% | 5% | 1% | |||
 Switzerland
|
Ipsos | 2023 | 54% (61%) |
34% (39%) |
13% not sure | ±3.5% | |
 Taiwan
|
CNA | 2023 | 63% | 37% | |||
| Pew Research Center | 2023 | 45% (51%) |
43% (49%) |
12% | |||
 Thailand
|
Ipsos (more urban/educated than representative) | 2024 | 58% | 29% | 12% not sure | ±5% | |
| Pew Research Center | 2023 | 60% (65%) |
32% (35%) |
8% | |||
 Trinidad and Tobago
|
AmericasBarometer | 2014 | 16% | – | – | ||
 Turkey
|
Ipsos (more urban/educated than representative) | 2024 | 18% (26%) |
52% (74%) |
30% not sure | ±5% | |
 Ukraine
|
Rating | 2023 | 37% (47%) |
42% (53%) |
22% | ±1.5% | |
 United Kingdom
|
YouGov | 2023 | 77% (84%) |
15% (16%) |
8% | ||
| Ipsos | 2024 | 66% (73%) |
24% (27%) |
10% not sure | ±3.5% | ||
| Pew Research Center | 2023 | 74% (77%) |
22% (23%) |
4% | ±3.6% | ||
 United States
|
Ipsos | 2024 | 51% (62%) |
32% (39%) |
18% not sure | ±3.5% | |
| Pew Research Center | 2023 | 63% (65%) |
34% (35%) |
3% | ±3.6% | ||
 Uruguay
|
LatinoBarómetro | 2023 | 78% (80%) |
20% | 2% | ||
 Venezuela
|
Equilibrium Cende | 2023 | 55% (63%) |
32% (37%) |
13% | ||
 Vietnam
|
Pew Research Center | 2023 | 65% (68%) |
30% (32%) |
5% |
See also
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- LGBT rights by country or territory
- List of same-sex married couples
- Religion and sexuality
- Legal status of same-sex marriage
- Societal attitudes toward homosexuality
Notes
- Same-sex marriage is performed and recognized by law in continental Australia and in the non-self-governing possessions of Norfolk Island, Christmas Island and the Cocos Islands, which follow Australian law.
- Same-sex marriage is performed and recognized by law in continental Denmark, the Faroe Islands and Greenland, which together make up the Realm of Denmark.
- Same-sex marriage is performed and recognized throughout Ecuador, but such couples are not considered married for purposes of adoption and may not adopt children.
- Same-sex marriage is performed and recognized by law in metropolitan France and in all French overseas regions and possessions, which follow a single legal code.
- Same-sex marriage is available in all jurisdictions, though the process is not everywhere as straightforward as it is for opposite-sex marriage and does not always include adoption rights.
- Same-sex marriage is performed and recognized by law in the continental Netherlands, the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, and the constituent countries of Aruba and Curaçao, but not yet in Sint Maarten.
- Same-sex marriage is performed and recognized by law in New Zealand proper, but not in its possession of Tokelau, nor in the Cook Islands and Niue, which make up the Realm of New Zealand.
- Same-sex marriage is performed and recognized by law in all parts of the United Kingdom and in its non-Caribbean possessions, but not in its Caribbean possessions, namely Anguilla, Bermuda, the British Virgin Islands, the Cayman Islands, Montserrat and the Turks and Caicos Islands.
- Same-sex marriage is performed and recognized by law in all fifty states of the US and in the District of Columbia, in all overseas territories except American Samoa (recognition only), and in all tribal nations that do not have their own marriage laws, as well as in most nations that do. The largest of the dozen or so known exceptions among the federal reservations are Navajo and Gila River, and the largest among the shared-sovereignty Oklahoma Tribal Statistical Areas are the Creek and Citizen Potawatomi. These polities ban same-sex marriage and do not recognize marriages from other jurisdictions, though members may still marry under state law and be accorded all the rights of marriage under state and federal law.
- Nepal is waiting for a final decision by its supreme court, but meanwhile all local governments are ordered to temporarily register same-sex marriages in a separate record. In April 2024 the National ID and Civil Registration Department issued a circular to all local governments that they register such marriages. However, simply being registered does not grant same-sex couples the legal rights of marriage, and registered same-sex couples cannot inherit property, get tax subsidies, make spousal medical decisions, adopt children etc.
- Legally available in the Arizona municipalities of Bisbee, Clarkdale, Cottonwood, Jerome, Sedona and Tucson.
- Dale Carpenter is a prominent spokesman for this view. For a better understanding of this view, see Carpenter's writings at "Dale Carpenter". Independent Gay Forum. Archived from the original on 17 November 2006. Retrieved 31 October 2006.
- ^ Because some polls do not report 'neither', those that do are listed with simple yes/no percentages in parentheses, so their figures can be compared.
- Comprises: Neutral; Don't know; No answer; Other; Refused.
- ^
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- Certified Copy: Marriage Certificate
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